BILL OF RIGHTS

ARTICLE III OF THE 1987

CONSTITUTION

Prepared by: John Paul L. Pranes, LPT

BILL OF RIGHTS
■It is the declaration and enumeration of a
person’s right and privileges which the
Constitution is designed to protect against
violation by the government, or by any
individual or any group of individuals. It
is a charter of liberties for the individual
and a limitation upon the power of the
State.
CLASSES OF
RIGHTS
 those possessed by every citizen without being
granted by the State for they are given to man
by God as human being created to His image
that he may live a happy life.

1. Right to life – Every person has the right to

NATURAL live and exist.

RIGHTS
2. Right to liberty – The right to be free from
undue restraint or oppression.

3. Right to property – The right to own, acquire,

and use property as long as it does not violate
the rights of others.
CONSTITUTIONAL RIGHTS
■conferred and protected by the Constitution.
■1. Right to due process and equal
protection of the laws (Article III,
Section 1).
■2. Freedom of speech, expression, and
press (Article III, Section 4).
■3. Right against illegal searches and
seizures (Article III, Section 2).
 ■ provided by law, promulgated by the law-
making body and consequently may be
abolished by the same body.
■ 1. Maternity leave benefits – Under
Republic Act No. 11210 (105-Day

STATUTOR
Expanded Maternity Leave Law).
■ 2. Right to free public education –
Y RIGHTS Provided by laws such as Republic
Act No. 6655 (Free Public Secondary
Education Act).
■ 3. Minimum wage rights – Governed
by the Labor Code of the Philippines
and regional wage orders.
CLASSIFICATION
OF
CONSTITUTIONAL
RIGHTS
POLITICAL RIGHTS
■the power to participate directly or indirectly in the
establishment or administration of the government.
■Right to vote and be voted for public office –
This is guaranteed under Article V of the 1987
Constitution.
■Right to join political parties – Citizens can form
or join political organizations to express their
political beliefs.
 CIVIL RIGHTS
■ These protect individuals' freedom and
promote equality under the law.
■ Freedom of religion – Article III, Section 5
of the Constitution guarantees that no law
shall prohibit or establish any religion.
■ Right to privacy – Article III, Section 3 of
the Constitution ensures people’s right to
privacy in communication and
correspondence.
 ■ These rights ensure the well-
being and economic security of
individuals.
■ Right to education – Article
SOCIAL XIV, Section 1 of the
Constitution states that the
AND government shall establish and
maintain a system of free
ECONOMIC public education.

RIGHTS ■ Right to a living wage –

Protected under the Labor
Code of the Philippines,
ensuring workers receive
adequate compensation for
their labor.
RIGHT OF THE
ACCUSED
■ intended for the protection of a person
accused of any crime.
■ Right to due process – Article III,
Section 1 of the Constitution
guarantees that no person shall
be deprived of life, liberty, or
property without due process of
law.
■ Right to a speedy and public trial
– Article III, Section 14 ensures
the accused receives a fair and
timely trial.
SECTIONS OF
THE BILL OF
RIGHTS
Section 1.(Right to Due Process)
“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.’’
 ■ Right to Life – No one including
Protected: the government can end one’s
life.
All persons within the
■ Right to Liberty – No one
territorial jurisdiction including the government can
of the Philippines, prevent one person from acting
without regard to any the way he wishes to do.
differences of race, ■ Right to Property – No one
including the government can
color, or nationality destroy one’s property, and own
including aliens. anything without threat being
faced.
■ DUE PROCESS – a requirement that legal matters must be resolved
according to established rules and principles (guilty or not guilty)
■ EQUAL PROTECTION OF LAW – signifies that all persons
subject to legislation should be treated alike under circumstances
and conditions both in the privileges conferred and liabilities
imposed. (including aliens) – e.g. paying taxes
Section 2. (Right against Unreasonable Searches and Seizures)

“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.”
■SEARCH – a process conducted by authorized officers
to look for specific items that are related to the crime.
■SEIZURE – officers take possessions of items during the
search.
■Search and seizure are unreasonable without a valid
search warrant or warrant of arrest.
■ WARRANT OF ARREST - a written order to arrest a person
designated to take him in custody in order that he may be bound
to answer for the commission of an offense.
■ SEARCH WARRANT – an order in writing, issued in the name
of the People 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 to court.
A valid search warrant and warrant of arrest must
contain the following:

■Must be issued with a Probable cause – sufficient

reason based upon facts to believe a crime has been
committed or that certain property is connected with a
crime. (cannot arrest someone wearing a black mask
and black tshirt doesn’t mean he’s a criminal)
■Probable cause must be determined personally by the
judge
A valid search warrant and warrant of arrest must contain
the following:

■The judge must examine the complainant and the witness

he may produce under oath or affirmation.
■The warrant must be particularly describe the place to be
searched and the persons or things to be seized.
 ■ In flagrante delicto – the person to be
arrested has committed, is committing, and
WARRANTLESS attempting to commit an offense

ARREST can be ■ Hot Pursuit Arrest – the one arresting

(police) has personal knowledge that the

valid in this suspect committed a crime.

■ A prisoner who escape from prison.
cases:
■ CITIZEN’S ARREST – a lawful warrantless
arrest performed by a civilian.
 ■ Consent – freely and voluntarily agrees
to a search of his property.
WARRANTLESS ■ Exigent Circumstances – if the police
SEARCH – think that the time it would take to get a
warrant would jeopardize public safety
searching without a or lead to the lose of evidence.
warrant may be ■ Search Incident to an Arrest – a police
officer does not need a warrant to
applied in the perform a search in connection with an
following arrest.
■ The Plain View Doctrine – the police
situations: officers can legally search the area if the
evidence is clearly visible. (stops the
driver for speeding and sees marijuana in
the window
Section 3. (Right to Privacy) – right to be left alone.

(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.
■ Lawful Order of Law – e.g. search warrant
■ Public Safety or Order requires – police can enter a house because
someone is asking for help.
■ The writ of habeas data is a remedy available to any person whose
right to privacy in life, liberty or security is violated or threatened
by an unlawful act or omission of a public official or employee, or
of a private individual or entity engaged in the gathering, collecting
or storing of data or information
Section 4. (Right to Speech)

“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.”
■Allowed: published articles or books, televisions or radio
broadcasting, works of art, internet and social media.
■LIMITATION: Your right ends when you start to violate
the rights of another person.
DEFAMATION – saying or writing
something about another person that
hurts their reputation.

■ 2 KINDS:
■ LIBEL - defamation committed by means
of writing, printing, radio, or similar means.
■ SLANDER - defamation committed by oral
means.
Section 5. Freedom of Religion

“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.”
■Aspects: Freedom to believe in any religion, Freedom
to act in accordance with such belief.
■Prohibition of Religious Test – requiring someone to
have a religious belief before the performance of the
act. (e.g. President should be a Catholic only)
Section 6. ( Liberty of Abode and Right to Travel)

“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.”
■Meaning: It is the right of a person to have his home in
whatever place chosen by him and thereafter to change it
at will, and to go where he pleases, without interference
of any source.
Section 7. (Right to Information)

“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.”
■Allowed to be disclosed: official records, official acts,
decision, government research data for policy
development
■Limit: records involving security of the state, accounts
pertaining to military intelligence funds, trade secrets
and banking transactions, identity of informants in
criminal investigation, confidential diplomatic matters
Section 8. (Right to Form Associations)

“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.
Inherent Powers of the State
■ Power of Eminent Domain – it is the right or power of the State or
those to whom the power has been lawfully delegated to take private
property for public use upon paying to the owner a just
compensation to be ascertained according to law.
■ Police Power – it is the right or power of the State to enact such laws
or regulations in relation to persons and property as may promote
public health, public morals, public safety, and the general welfare
and convince of the people.
■ Power of Taxation – is the power of the state to impose charge or
burden upon persons, property, or property rights, for the use and
support of the government and to enable it to discharge its
appropriate functions.
Section 10. No law impairing the obligation
of contracts shall be passed.
■Obligation of Contract – legal duty of the contractors to
fulfill the promises stated in the contract.
■Purpose of non-impairment prohibition – the prohibition
is intended to protect creditors, to assure fulfillment of
lawful promises, and to guard the integrity of contractual
obligations.
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.
■ 1. Free Access to Courts: This means that financial difficulties
cannot prevent a person from filing or defending a case. For
example, courts often waive filing fees for indigent litigants.
■ 2. Quasi-Judicial Bodies: These are entities like the National
Labor Relations Commission (NLRC) or the Commission on
Human Rights (CHR) that perform adjudicative functions.
Poverty should not bar access to their services.
■ 3. Adequate Legal Assistance: The government, through
agencies like the Public Attorney’s Office (PAO), provides free
legal representation to those who cannot afford private
lawyers.
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.