ARTICLE III o Balancing of individual and group rights and
The Bill of Rights interests.
 Concept of a Bill of Rights
o “Charter of Liberty”
o Declaration and enumeration of a person’s basic
rights and privileges which Constitution is designed
to protect against any violations by the
government
o Basis: social importance to the individual in
democratic or republican state (from lowest to
highest persons)
 Classes of Rights
o Natural Rights – possessed by every citizen without
being granted by the state; given by God as a
human being (right to life, property, love, etc.)
o Constitutional Rights – rights conferred and
protected by the Constitution; cannot be modified
or taken away by law-making body
o Statutory Rights – provided by the laws
promulgated by the law-making body; may be
abolished by same body (right to minimum wage,
adopt, etc.)
 Constitutional Rights
o Political Rights – rights of citizens which give them
power to participate, directly/indirectly in the
establishment of a government
o Civil Rights – rights which the law will enforce at
the instance of private individuals for purpose of
securing them the enjoyment of happiness
o Special and Economic Rights – intended to insure
well-being and economic security of a person
o Rights of the Accused – civil rights to protect a
person accused of crime
 State Authority and Individual Freedom
o State, an instrument to promote both individual
and social welfare.
- Exists to promote happiness and welfare of
individual and group
- Not an end by itself
- Neither is it a means for the realization of the
best life only by the individual for which the
group may be staked
o Conflict between individual rights and group
welfare.
- State in an instrument to enable individual and
society attain greater happiness, progress and
welfare
- How far, may the rights and liberties of a
person be subordinate to the will of the
government is a question which has assailed
the existence of governments
o Role of the Judiciary.
- Duty of balancing the interests of individual or
group welfare
- Just parties
- Courts and Supreme Court act as arbiters of
the limits of governmental powers especially in
relation to individual rights
SECTION 1. No person shall be deprived of life, liberty,
property without due process of law, nor shall any person
be denied equal protection of the laws.
 Meaning of due process of law
o A person may be deprived by the State of his life,
liberty and property provided that due process of
law is observed
o Any deprivation by the State is with due process if
it’s done: under authority of a valid law; after
compliance with fair and reasonable methods of
procedure said by the law
 Aspects of due process of law
o Procedural due process – method or manner by
which law is enforced
o Substantive due process – law itself is reasonable
and just; no person shall be deprived from needs
for arbitrary reasons
SECTION 2. Right of 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. No search warrant or warrant of arrest shall
issue except upon probable cause to be determined by
judge after oath or affirmation of the complaint and
witnesses involved, describing the place to be searched
and persons/things to be seized.
 Search warrant – order in writing, issued by People of
the Philippines, signed by a judge and directed to
peace officer, commanding him to search personal
property and bring it to the court.
 Warrant of arrest – command to arrest a person; take
him to custody to ask questions
 When search and seizure is unreasonable.
o Illegal searches/seizures are unreasonable while
lawful ones are reasonable.
 o Search or seizure made without search warrant =
not illegal
SECTION 3. Privacy of communication and correspondence
shall be inviolable except upon lawful order of the court or
when public safety requires otherwise. Any evidence
obtained in violation of this shall be inadmissible for any
purpose in any proceeding.
 Right of Privacy – right to be left alone, right to be free
from undesired publicity or disclosure of his
communication and correspondence, right to live
without unwarranted interference
 Basis and Purpose of the Right
o Right existing in the state of nature – every human
being possesses this right in his natural state; right
for someone to enjoy private life
o Right designed to secure enjoyment of one’s
private life – protection to secure the person’s life;
be happy
SECTION 4. No law shall be passed abridging the freedom
of speech, expression or press or right of people to
assemble and petition the government.
 Meaning of freedom of speech, expression, press –
right to utter or publish whatever one pleases without
restraint or punishment; be protected against any
responsibility for so doing as long as it doesn’t violate
the law or injure someone else
 Freedom of expression is not absolute
 Meaning of assembly and petition – assemble for the
consultation to public affairs; petition against
undesired acts of government
SECTION 5. NO law shall be made respecting an
establishment of religion, prohibiting the free exercise
thereof. No religious test shall be required for the exercise
of civil or political rights.
 Meaning of religious freedom – right to worship God,
entertain religion without interference by anyone
 Religion – all forms of belief in existence of superior
beings
SECTION 6. Liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired
except upon lawful order. Neither shall right to travel be
impaired except in interest of national security, safety,
health.
 Meaning of liberty of abode and travel – right to have
his home in whatever place chosen; go where one
pleases without interference
SECTION 7. Right of people to information on matters of
public concern shall be recognized. Access to official
records, documents and papers pertaining to official acts
as wells as to government research data used as basis for
policy development shall be afforded the citizen, subject to
such limitations.
 Right to information on concerns of public concern
o Access to official records for exercise of right
o Arguments in support of right
SECTION 8. Right of people to form unions, associations,
societies for purposes not contrary to the law.
 Right to organize or be a member of any group and
adopt rules which the members find appropriate
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.
 Obligation of contract – law which binds parties to
perform their agreement according to its terms or
intent
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.
 Guarantees of due process and equal protection of
laws assure all persons like access to courts as well as
quasi-judicial bodies of the country for the protection
of persons and property
SECTION 12. Any person under investigation for
commission of offense shall have right to be informed of
right to remain silent and have independent counsel of his
own choice. If person can’t afford, government will provide
one. No torture, force or violence will be used against him.
Any confession shall be inadmissible in evidence against
him. Law shall provide for penal and civil sanctions for
violations of this section.
 Rights of those under investigation
o Be informed of right to remain silent
o Have own lawyer
o Against the use of torture or force which violates
free will
o Against being held in secret, incommunicado or
detention
SECTION 14. NO person shall be held to answer for criminal
offense without due process of law; accused shall be
presumed innocent until the contrary is proved; enjoy right
to be heard, be informed, have speedy and impartial and
public trial, meet witnesses, have compulsory process to
secure attendance of witnesses and production of evidence
on behalf.
SECTION 15. The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion
when public safety requires it.
 Habeas Corpus – issued by court directed to person
detaining another, commanding him to produce the
body of the prisoner in a place during specific time to
show sufficient cause for holding in custody the
individual.
 Purpose of writ – inquire into all manner of involuntary
restraint as distinguished from voluntary and to relieve
person from such restraint is illegal; set the individual
at liberty
SECTION 16. All persons have right to speedy disposition of
cases before all judicial, quasi-judicial or admin bodies.
 Speedy justice
 Enhances people’s respect for the law and faith in
government
SECTION 17. No person shall be compelled to be a witness
against himself.
 Applies in criminal cases as well as civil, admin or
legislative proceedings
 Protects one whether he is party or witness
 Right against self-incrimination: basis and right to
silence
SECTION 18. No person shall be detained solely by reason
of political beliefs and aspirations; no involuntary servitude
shall exists except as a punishment for a crime whereof the
party shall have been duly convicted.
 Involuntary servitude – conditions of enforced service
of one to another; slavery or peonage
SECTION 19. Excessive fines shall not be imposed or other
cruel punishment. Employment of physical or degrading
punishment against any prisoner shall be dealt with by law.
 Right against excessive fines – question as to the
amount of fines that shall be imposed is one addressed
to the sound of discretion of court
 Right against cruel punishment – hanging/electrocution
or musketry is not cruel
SECTION 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
 Debt – means any liability to pay money arising out of a
contract, express or implied
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 under either shall
constitute a bar to another prosecution for the same act.
 Right against double jeopardy – when a person is
charged with offense and the case is terminated, the
latter cannot be again charged with the same offence;
protects against the perils of second punishment and
second trial
SECTION 22. NO ex post facto law or bill of attainder shall
be enacted.
 Ex post facto
o makes an act done before passage of a law,
innocent when done, criminal and punishes such
act or;
o Aggravates a crime or makes it greater
o Changes punishment and inflicts greater
punishment that what the law annexed to the
crime, when committed or;
o Alters legal rules of evidence and receives less
testimony than or different testimony from what
law required of the commission of offence to
convict the offender
 Bill attainder
o Legislative act which gives punishment without
judicial trial
o If punishment < death, act is call BILL OF PAINS
AND PENALTIES