Paras, Joyce Ann B.

27 August
2019

CDIFCI1 BBA 9:30-11:00

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

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.

Discussion: This means that no person shall be deprived of his life, liberty or
property unless due process is observed. In other words, a Filipino citizen can be
deprived of his life, liberty or property provided he is given the chance to defend
himself. This also refers to equality in the enjoyment of similar rights and privileges
granted by law. Thus, no reason shall be deprived of the same protection of laws
enjoyed by other persons in the same place and in similar circumstance.

Section 2. The right of the people to be secure in their persons, houses, papers,

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and effects against unreasonable searches and seizures of whatever nature and for

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any purpose shall be inviolable, and no search warrant or warrant of arrest shall

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issue except upon probable cause to be determined personally by the judge after
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examination under oath or affirmation of the complainant and the witnesses he may

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produce, and particularly describing the place to be searched and the persons or
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things to be seized.
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Discussion: This section means that the right of people to be protected by the
state against unreasonable searches and seizures and no warrant of arrest shall
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issue except upon probable cause to be determined. But there are instances when
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search and seizure may be done without warrant. When there is a waiver or
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consent, a search and seizure can be still considered legal. A warrantless arrest,
however, may be made by either private citizens or police officers when the person
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to be arrested is a prisoner who escaped from prison or person to be arrested has

committed, is actually committing or is attempting to commit an offense.
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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
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this or the preceding section shall be inadmissible for any purpose in any
proceeding.
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Discussion: This section states that 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.
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But this right can be lawfully suspended upon order of the court if the safety and
security of the people is at stake.

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 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.

Discussion: The exercise of this right, however, can be limited by the State
through its exercise of its police power under the following tests:

1. Dangerous Tendency Rule. According to this rule, the state can punish a person
for speech encouraging people to engage in illegal action or become disloyal to the
State even if the danger is quite remote.

2. Clear and Present Danger Rule. Under this test, freedom of speech is not an
absolute right. A government can punish a person for speech that presents a clear
and present a danger leading to illegal acts. Thus, the right can be curtailed by the
government when it can demonstrate a close connection between speech and
illegal action.

This is closely related to the freedom of speech or expression are the right of
assembly or right of petition. Right of Assembly is the right on the part of the
citizens to collect peacefully in a public meeting to discuss issues and matters of
interest to them. Right of Petition refers to the right of any citizen to ask any branch

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of the government to take action on his complaint or grievance.

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Section 5. No law shall be made respecting an establishment of religion, or
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prohibiting the free exercise thereof. The free exercise and enjoyment of religious

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profession and worship, without discrimination or preference, shall forever be
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allowed. No religious test shall be required for the exercise of civil or political rights.
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Discussion: Freedom of religion refers to the right of a person to worship God in his
own way and practice his religious beliefs without any interference from the
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government, anybody or group. This right is clearly stated in Section 5 of Article III,
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which states that no law shall be made respecting the establishments of religion or
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prohibiting the free exercise thereof. Just like other rights guaranteed by the
Constitution, freedom of religion is not an absolute right. The government can forbid
religious practices that endanger the health and morals of the people.
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Section 6. The liberty of abode and of changing the same within the limits
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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.
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Discussion: Liberty of adobe and power refers to the freedom to choose where one
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should reside, while liberty of travel means the freedom to move from one place to
another without the interference from anybody or government. As stated in Section
6 of Article III, the liberty of adobe and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
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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

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 as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

Discussion: This means that people have the right to access 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. But there are also limitations on this right and these
are the following:

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 shall not be abridged.

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Discussion: The right to association means the freedom of any Filipino citizen to

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organize and join any society or group, as long as its goals and activities are not
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contrary to existing laws of the land.

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Section 9. Private property shall not be taken for public use without just
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compensation.

Discussion: This right is mentioned in Section 9 of Article III which states that the
private property shall not be taken for public use without just compensation. The
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government of the country can take over a private property for public use. This is
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because of its exercise of one of its inherent powers, which is the power of eminent
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domain.
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Section 10. No law impairing the obligation of contracts shall be passed.

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Discussion: This section states that no law impairing the obligations of contracts
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shall be passed. The principal purpose of this constitutional provision is that of

safeguarding the integrity of valid contractual agreements against unwarranted
interference from the States in the form of the law. For the government to exercise
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the aforementioned power, the following conditions have to be satisfied: The

property to be taken over by the government shall be for public use; The owner has
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to be paid the reasonable value of his property; and Due process has to be observed
in the expropriation proceeding.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
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assistance shall not be denied to any person by reason of poverty.

Discussion: This right is specified under Section 11 of Article III, which states that if
the accused cannot afford to hire a lawyer to defend his case, the government shall

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 provide one for him. He shall be assisted and represented by a public prosecutor
and a counsel from the Public Attorney’s Office, respectively. However, 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.

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.

Discussion: This section stresses the Miranda rights/rules, permissible use of police

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power, admissible confessions, and the right to redress in the event of a violation of
these rights. On the other hand, the Miranda rights/rules provides that before a

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person under a custodial investigation is questioned, he must be informed of the
following: The right to remain silent, anything he says can and will be used against

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him in the court, and the right of a counsel and that if he cannot afford one, the
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government will provide for him.
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Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
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bailable by sufficient sureties, or be released on recognizance as may be provided

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by law. The right to bail shall not be impaired even when the privilege of the writ of
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habeas corpus is suspended. Excessive bail shall not be required.

Discussion: When we say bail, it is the security (usually a deposit of money)

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required by a court for the temporary release of a person who is in the custody of
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the law provided that his appearance in trials may be ensured. However excessive
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Bail is prohibited because that is the same as denying the right to post bail. Writ of
Habeas Corpus, on the other hand, is an order issued by a court of competent
jurisdiction, directed to the person detaining another, commanding him to produce
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the body of the prisoner at a designated time and place and to show sufficient
cause for holding in custody the individual so detained. We have non-bailable
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crimes in the country like kidnapping, murder, rape, drug-pushing, carnapping, or

crimes under the heinous crime law, plunder law and dangerous drugs law.
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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 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

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 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.

Discussion: The rights of the person under custodial investigations are sometimes
called Miranda rights. These rights commence at the moment an accused is
arrested or surrenders to police authorities. Before custodial interrogation begins,
the accused has to be notified that he has the right to remain silent, warned that
what he may say may be used against him in court, told that he has the right to
have his lawyer, one will be provided to him, and permitted to terminate any stage
of police interrogation. Also, the following rights are related:

Right to Due Process of Law this means that an accused has to be given the
opportunity to defend himself in court and that before a judgment is rendered a trial
has to be conducted by the impartial court. Decision on his case has to be rendered
only after a lawful and fair hearing.

Right to Presumption of Innocence, one accused of a criminal offense is always

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presumed to be innocent. Thus, the burden of proving the guilt of an accused rests

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on the prosecuting attorney or fiscal. If the guilt is not established, then the case is

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dismissed and the accused is acquitted.
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Right to be Heard by Himself and Counsel. In any court trial, the accused has the

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right to defend himself personally or through his lawyer. A lawyer is needed by the
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accused because he can be convicted not because he is guilty but because he does
not have the competence of proving his innocence.

Right to be Informed of the Nature and Cause of an Accusation. The accused has
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the right to know the charges filed against him so that he may be able to prepare
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for his defense in court. This is done during arraignment, wherein the accused is
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furnished the information and asked whether he pleads guilty or not. The
presentation is usually done in courtroom.
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Right to Heard by himself and His Counsel. In any court proceeding in the country,
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the accused is given the right to defend himself personally with the assistance of
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the lawyer. There is a need on the part of an accused to hire the services of a lawyer
even if he is intelligent as he is not familiar with the rules of the court.
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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.
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Discussion: This means that it can be gathered that every Filipino has the
fundamental right to be issued a warrant of arrest before being detained for a
crime. A notable exception is that if they were arrested in flagrante delicto or
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caught while doing the criminal act. On the other hand, the privilege of the writ of
habeas corpus is an order from the court to release the prisoner if it finds out that
there is no legal basis of his or her detention. Before releasing the detained person,
the judge will have to study if the detention is authorized or not. If so, the detained

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 person will be sent back to jail. If not, he or she will be freed by the judge. When the
privilege of the writ of habeas corpus is suspended, persons suspected of
committing the crime will be detained or arrested without the need of warrant. After
all, the purpose of the law, in suspending the writ of habeas corpus is to hold in
preventive imprisonment persons who plotted or committed acts that endanger the
existence of the State pending their investigation and trial.

Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

Discussion: The right Against Cruel and Unusual Punishment. The Constitution
prohibits the imposition of excessive fine and the infliction of inhuman and
degrading punishment. This is because criminals are still human beings supposed to
be treated with respect and dignity.

Section 17. No person shall be compelled to be a witness against himself.

Discussion: Right Against Self-Incrimination As stated in Section 17 of Article III, no

person shall be compelled to be a witness against himself. This is the right against
self-incrimination. This goes to show that a person cannot be forced to be a witness
against himself or talk against himself as this constitutes breach of his right to

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privacy.

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Section 18. (1) No person shall be detained solely by reason of his political beliefs
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and aspirations. (2) No involuntary servitude in any form shall exist except as a

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punishment for a crime whereof the party shall have been duly convicted.
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Discussion: The Right Against Detention Due to Political Beliefs and Aspirations.
The inclusion of this right in the supreme law of the land was a response to what
happened during the Marcos Regime were numerous political opponents were
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arrested, detained and charged of rebellion. These constitutional rights guarantee

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freedom of expression on the part of the Filipino people for espousing political
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beliefs and aspirations, without fear of arrest and prosecution.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
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inhuman punishment inflicted. Neither shall the death penalty be imposed, unless,
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for compelling reasons involving heinous crimes, the Congress hereafter provides
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for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2)
The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
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subhuman conditions shall be dealt with by law.

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Discussion: Right Against Death Penalty as stated in the Constitution, death

penalty shall not be imposed unless for compelling reasons involving heinous
crimes. As a result, the death penalty imposed on convicted criminals shall be
reduced to reclusion perpetua or life imprisonment. Nonetheless, Congress restored
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the imposition of the death penalty for heinous crimes, by virtue of Republic Act No.
7659. Heinous crimes punishable by the death penalty under this legislation include
the following: treason; piracy; qualified piracy; qualified bribery; parricide; murder;
infanticide; kidnapping and serious illegal detention; robbery with violence against

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 or intimidation of persons; destructive arsons; rape; plunder; drug-related offense;
and carnapping.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Discussion: This means that non-Imprisonment due to debt. No person shall be

imprisoned for debt or non- payment of a poll tax or community residence tax.

Section 21. 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.

Discussion: The Right Against Double Jeopardy means that no person shall be tried
twice for the same offense. The rule of double jeopardy simply means that when a
person accused of an offense and the case has been terminated either by conviction
or acquittal, he cannot be again charge for the identical or similar offense. This rule
is anchored on the principle of justice, conscience and reason.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Discussion: Non-Passage of Ex Post Facto and Bill of Attainder Section 22 of Article

3 clearly states that no ex post facto law or bill of attainder shall be enacted. An ex

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post facto law is one that makes criminal an act done before the passage of a law

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and punishes such act when it was lawful when committed. Thus, it deprives a
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person accused of a crime of some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal or a proclamation

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of amnesty. A bill of attainder, on the other hand, is a legislative act which inflicts
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punishment without the benefit of trial. The prohibition against bill of attainder is a
direct implementation of the implementation of the principle of separation of
powers by restricting Congress to rule-making and prohibiting this body from
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usurping the function of the judiciary.

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