1935 CONSTITUTION

ARTICLE III.—BILL OF RIGHTS

SECTION 1. (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.

(2) Private property shall not be taken for public use without just compensation.

(3) The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall
issue but upon probable cause, to be determined 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.

(4) The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired.

(5) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court or when public safety and order require otherwise.

(6) The right to form associations or societies for purposes not contrary to law shall not
be abridged.

(7) No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof, and 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.

(8) No law shall be passed abridging the freedom of speech, or of the press, or the right
of the people peaceably to assemble and petition the Government for redress of
grievances

(9) No law granting a title of nobility shall be enacted, and no person holding any office of
profit or trust shall, without the consent of the National Assembly, accept any present,
emolument, office, or title of any kind whatever from any foreign state.

(10) No law impairing the obligation of contracts shall be passed.

(11) No ex post facto law or bill of attainder shall be enacted.

(12) No person shall be imprisoned for debt or nonpayment of a poll tax.

(13) No involuntary servitude in any form shall exist except as a punishment for crime
whereof the party shall have been duly convicted.
(14) The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion, insurrection, or rebellion, when the public safety requires it, in any of which
events the same may be suspended wherever during such period the necessity for such
suspension shall exist.

(15) No person shall be held to answer for a criminal offense without due process of law.

(16) All persons shall before conviction be bailable by sufficient sureties, except those
charged with capital offenses when evidence of guilt is strong. Excessive bail shall not be
required.

(17) In all criminal prosecutions the accused shall be presumed to be 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 against him, to have a speedy and
public trial, to meet the witnesses face to face and to have compulsory process to secure
the attendance of witnesses in his behalf.

(18) Bo person shall be compelled to be a witness against himself.

(19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.

(20) No person shall be twice put in jeopardy of punishment for the same offense. If an
cat is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.

(21) Free access to the courts shall not be denied to any person by reason of poverty.

1973 CONSTITUTION

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.

SEC. 2. Private property shall not be taken for public use without just compensation.

SEC. 3. 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 not be violated, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined by the judge, or such other responsible officer as may
be authorized by law, 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.

SEC. 4. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety and order require otherwise.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

SEC. 5. The liberty of abode and of travel shall not, be impaired except upon lawful order
of the court, or when necessary in the interest of national security, public safety, or public
health.

SEC. 6. 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, shall be afforded the citizen subject to such limitations as
may be provided by law.

SEC. 7. The right to form associations or societies for purposes not contrary to law shall
not be abridged.

SEC. 8. 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.

SEC. 9. No law shall be passed abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble and petition the Government for redress of
grievances.

SEC. 10. No law granting a title of royalty or nobility shall be enacted.

SEC. 11. No law impairing the obligation of contracts shall be passed.

SEC. 12. No ex post facto law or bill of attainder shall be enacted.

SEC. 13. No person shall be imprisoned for debt or non-payment of a poll tax.

SEC. 14. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duty convicted.

SEC. 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion, insurrection, rebellion, or imminent danger thereof, when the public
safety requires it.

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

SEC. 17. No person shall be held to answer for a criminal offense without due process of
law.
SEC. 18. All persons, except those charged with capital offenses when evidence of guilt
is strong, shall, before conviction, be bailable by sufficient sureties. Excessive bail shall
not be required.

SEC. 19. 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 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 unjustified.

SEC. 20. No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against him. Any confession obtained
in violation of this section shall be inadmissible in evidence.

SEC. 21. Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted.

SEC. 22. 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.

SEC. 23. Free access to the courts shall not be denied to any person by reason of poverty.

1987 CONSTITUTION

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.

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.

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 this or the preceding section shall be
inadmissible for any purpose in any proceeding.
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.

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 test
shall be required for the exercise of civil or political rights.

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. 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.

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 the citizen, subject to such limitations as may
be provided by law.

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.

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.

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.

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.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, 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.

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 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.

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.

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

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

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides 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
subhuman conditions shall be dealt with by law.

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

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

Ajustice system comprises institutions and agencies that “resolve conflicts arising over alleged
violations or different interpretations of rules that societies create to govern members’ behavior”1
and that protect rights in accordance with a country’s laws. It plays a critical role in providing
predictability in the application and enforcement of laws and rules, thereby “strengthening the
normative framework that shapes public and private actions.”2 An effective network of justice
sector institutions contributes to a society in which accepted rules are fairly and equally applied in
an orderly framework that is conducive to liberty, security, and well-being. The justice system is
engaged in the administration of justice. The administration of justice requires a code or body of
law against which certain actions can be measured, a mechanism that can interpret the law and
decide whether a person’s actions can be deemed to have transgressed the law, and an agency that
can uphold the law and enforce decisions regarding the legality or illegality of a person’s actions.

At present, the Philippines is considered a mixed jurisdiction. It implements laws that reflect a
civil law legacy from Spanish colonial rule, such as the Civil Code and the Revised Penal Code,
and the constitutional and common law tradition of the American colonial period. Philippine law
also incorporates elements of precolonial customary law and sharia law of the country’s Muslim
population.

Box 9: The Bill of Rights, Right to Liberty, and Due Process The experience of the Philippines
under Spanish rule was one in which the colonial state power outweighed citizens’ freedom.
Shortly before the United States (US) assumed control over the Philippines, a revolutionary
government was established in open rebellion against Spain. One of the cardinal aims of the
revolutionary government was to balance state power with an expansion of individual freedoms.
An important constitutional legacy from the US resonated with the Filipinos’ devotion to liberty
and was eventually embodied in the Philippine bill of rights. The due process guarantee provided
under the Fourteenth Amendment of the US Constitution, which provides that “No person shall be
deprived of life, liberty, or property without due process of law,” became a key tenet in the
constitutional law of the Philippines. Over the years, the police, prosecutors, and judiciary have
become increasingly subject to rules and procedures that safeguard the right to due process of
persons suspected or accused of crimes.

As a result of the colonial history of the Philippines and its experience with martial law, the
judiciary has been called upon to use its power of judicial review extensively. This has created
tension between the judiciary and other branches of government. There is currently no overall
justice sector policy or structure (other than normal budget procedures) for setting priorities,
organizing work, and guiding and monitoring sector performance
References https://www.adb.org/sites/default/files/publication/27525/background-note-justice-
sector-phils.pdf

The Bill of Rights would largely be retained, except for changes in certain
sections as introduced in RBH 8 (on freedom of movement between regions)
and in a House proposal to limit the protection for freedom of speech..

RBH 8

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. 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. All Filipinos shall have the right to move freely
throughout the Federal State, from one Region to another.

House subcommittee

Section 4 would be amended as follows:

 No law shall be passed abridging the responsible exercise of 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.
 MANILA, Philippines — The consultative committee tasked to propose
amendments to the constitution submitted on Monday the draft charter for a
federal government to President Rodrigo Duterte.
 The chief executive approved as a whole the proposal, except for the transitory
provisions that he wants to be amended, and will endorse it to Congress.
 The proposed Article III or the Bill of Rights has 28 sections from the current
22 sections in the 1987 Constitution.


Read more at https://www.philstar.com/headlines/2018/07/10/1832338/whats-
new-bill-rights-proposed-federal-charter#89zzWAAEsWZKCTbj.99

The draft charter is believed to “strengthen” the Article III or the Bill of Rights
through the addition of social and economic rights, and environmental and ecological
rights.

Social and Economic Rights

Every person’s right to adequate food, universal and comprehensive healthcare,
complete and quality education, adequate and decent housing, and livelihood and
employment opportunities will be among demandable rights under the Bill of Rights.
 
Read more at https://www.philstar.com/headlines/2018/07/10/1832338/whats-
new-bill-rights-proposed-federal-charter#89zzWAAEsWZKCTbj.99

It mandates the federal republic to adopt measures that will guarantee the “progressive
realization of these rights.”

These rights are not in the Bill of Rights but in the article on state policies in the
current charter.

Environmental and Ecological Rights

Environmental rights will become a guarantee and cannot be denied by the state just
like the civil and political rights of the people.


Read more at https://www.philstar.com/headlines/2018/07/10/1832338/whats-
new-bill-rights-proposed-federal-charter#89zzWAAEsWZKCTbj.99

A new section on Environmental and Ecological Rights states that every individual
has the right to a healthful environment and a balanced ecology, clean air, clean water,
clean soil, and clean surroundings.

Once approved, citizens will have the right to be protected from and seek
compensation for damages to environment and ecology brought about by the illegal
and unsustainable exploitation of natural resources.

Every individual can also seek immediate relief from the courts and appropriate
governmental bodies through the writ of kalikasan—a legal remedy that provides
protection of one’s constitutional right to a healthy environment—against activities
that threaten the environment and ecological balance.

In the 1987 Constitution, there is only one line that deals with the environment.
Article II, Section 16 reads: “The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature.”

Privacy
Section 3 of the Civil and Political Rights states the right to privacy. Interference in
personal and domestic relations, correspondence and data—without a lawful court
order—are prohibited.

Data obtained about a person shall only be used and processed for purposes
authorized by law. Individuals can demand government agencies or offices to delete
or correct such data or information.

Unreasonable searches, seizure

The prohibition against unreasonable searches and seizure shall extend to the conduct
of unlawful reasonable surveillance through technological, electronic or other means.

No surveillance warrant shall be granted except upon a showing that there are no other
reasonable means of obtaining the information or evidence.

Freedom of speech, expression

The provision that reads, “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” remains untouched.

The constitutional framers, however, added the order to local government units to
establish “appropriate freedom parks” for the peaceful assembly of the people.

Writ of habeas corpus

“Lawless violence” is added to the grounds for suspending the writ of habeas corpus.
The definition was not stated in the proposed charter but the Con-com earlier said that
it refers to “terrorism” and “violent extremism.”

The privilege of the writs of amparo and habeas data, as well as other protective writs,
may still be resorted to unless prejudicial to public order even when the privilege of
the writ of habeas corpus is suspended.

“Lawless violence” is also included as one of the grounds for martial law declaration,
specified in Article VIII, Section 18.

Legal assistance to poor

Under the proposed charter, members of the Philippine Bar may be required by the
Supreme Court to provide free assistance to the poor before courts and quasi-judicial
bodies and for other legal services.

In an order last year, the high court required new lawyers to render free legal services
to indigent litigants with the constitutional guarantee of “free access to the courts and
quasi-judicial bodies.”

Bail, detention
Section 17 (b) now provides that an indigent person may be released on recognizance
if he/she is charged with an offense that would entitle him to probation and the risk of
flight is low.

Under the proposed charter, the Federal Government, Federated Region and their
local government units are mandated to provide humane and adequate penal facilities.

It also orders the state to provide compensation to persons unjustly and wrongfully
accused, convicted and imprisoned but subsequently acquitted.


Read more at https://www.philstar.com/headlines/2018/07/10/1832338/whats-
new-bill-rights-proposed-federal-charter#89zzWAAEsWZKCTbj.99
 If you’re enjoying your freedom to post on Facebook, that’s protected by the
freedom of expression clause, found in Art. III or the Bill of Rights in the 1987
Philippine Constitution. If you find Facebook data sharing too abusive, your right
to privacy is also protected by Art. III.
 If a government official is corrupt, Art. XI guarantees the accountability of public
officers. Our rules on land ownership are guided by Art. XII on national economy
and patrimony. Your local government units — provinces, cities, municipalities,
and barangays — exist because of Art. X on local government. Among many
others.
 In short, the Constitution is the wellspring of laws and practical rules that govern
our everyday lives. All laws and judicial decisions must conform to it. But a
Constitution cannot exist unless promulgated by a sovereign people: in the case
of the 1987 Philippine Constitution, “the sovereign Filipino people,” exercising
this power via their elected representatives.
 Today, there’s a movement to change the Constitution by shifting to a federal
form of government (called a revision, as will be discussed below). It’s the latest
in several previous efforts to overhaul the Constitution, which have all failed
before because of problems interpreting the process by which change can be
made, which is also dictated by the Constitution.
 Whatever changes may be proposed or discussed, however, a Constitution is
only as effective as the people and their culture make it to be. “Our society’s
 success or failure depends not so much on the system as on the people running
the system,” said Fr. Joaquin Bernas, SJ, a revered Constitutionalist and law
professor, in a memorial lecture in 2006. “It is easy to write a Constitution; it is
more difficult to make a Constitution work.”
 All the same, it’s important to know a few basics about the process of changing
the Constitution, since we, as “the sovereign Filipino people,” should participate
in it. While it is not apparent — yet — a change in the Constitution will drastically
change Filipinos’ lives, and such change will be real, practical, and visible,
embracing everything we do as part of society.
 The information below is culled from Fr. Bernas’ seminal book on the
Constitution: “The 1987 Constitution of the Republic of the Philippines: A
Commentary,” published in 2009. The book, used as a textbook for first year law
students, is a recipient of the Supreme Court Centenary Book Award.