Lesson 5:

BILL OF RIGHTS
Philippine Politics, Governance, and Citizenship
GEED 20023 Concepcion R. Sumadsad, DPA
 Bill of Rights
► refers to the declaration and enumeration of
the fundamental civil and political rights of a
person with the primary purpose of
safeguarding the person from violations by
the government, as well as by individuals and
group of individuals
► is a safeguard not just against the abuses of
the government but also of individuals or
group of individuals
Bill of Rights includes the protection
of the following rights:
► (a) Civil rights or those rights belonging to individuals by virtue of
their citizenship, such as freedom to contract, right to property, and
marriage among others;
► (b) Political rights which are rights pertaining to the citizenship of the
individual vis-à-vis the administration of the government, such as
right of suffrage right to hold office, and right to petition for
compensation of wrong;
► (c) Socio-economic rights or those which ensure the well-being and
economic security of an individual; and
► (d) Rights of the accused which refer to protections given to the
person of an accused in any criminal case.
 RIGHT TO DUE
PROCESS AND EQUAL
PROTECTION
 Life, Liberty, and Property
► Section 1, Article III of the Constitution states “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.” The provision speaks of “due process”
and “equal protection.”
► The protection covers all persons, whether
citizens or aliens, natural or juridical.
 Due Process
► Due Process of Law is a constitutional guarantee against hasty
and unsupported deprivation of some person’s life, liberty, or
property by the government.
► is “the embodiment of the supporting idea of fair play” and its
essence is that it is “a law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial.”
► is invoked when the act of the government is arbitrary,
oppressive, whimsical, or unreasonable. It is particularly directed
against the acts of executive and legislative department.
 Equal Protection
► means that “no person or class of persons shall be deprived of
the same protection of the laws which is enjoyed by other
persons or other classes in the same place and in like
circumstances”. 
► means that “all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities
imposed.”
► The purpose of the guarantee is to prohibit hostile
discrimination or undue favor to anyone, or giving special
privilege when it is not reasonable or justified.
ARRESTS, SEARCHES
AND SEIZURES
Right against Unreasonable Searches
and Seizures(Section 2, Article III )
► states that people have the inviolable right to be secure in their
people, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose,
and a search warrant or warrant of arrest can only be issued
upon showing of a probable cause 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.
► The protection extends to all persons, aliens or citizens, natural or
juridical.
RIGHT TO PRIVACY 
► “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.”
► To reinforce these constitutional provisions, the Congress has
passed laws that recognize and protect the zones of privacy
of an individual. These laws include: (a) The Civil Code of the
Philippines; (b) The Revised Penal Code; (c) Anti-Wire
Tapping Act; (d) The Secrecy of Bank Deposits; and (e)
Intellectual Property Code.
 Anti-Wire Tapping Act
► R.A. 4200 or the Anti-Wire Tapping Act, as a
reinforcement of privacy of communication, is a
law which prohibits a person not authorized by
all the parties to any private communication, to
wiretap or use any devise to secretly overhear,
intercept, record, or communicate the content
of the said communication to any person.
 FREEDOM OF EXPRESSION
► Section 4, Article III provides that “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.” The right underscores tolerance to different views and thoughts.
► is accorded the highest protection in the Bill of Rights since it is indispensable
to the preservation of liberty and democracy. Thus, religious, political,
academic, artistic, and commercial speeches are protected by the
constitutional guarantee.
► However, the right is not absolute. It must be exercised within the bounds of
law, morals, public policy and public order, and with due regard for others’
rights. Thus, obscene, libelous, and slanderous speeches are not protected
by the guarantee. So are seditious and fighting words that advocate
imminent lawless conduct.
Freedom of expression has four
aspects, to wit:
(a) freedom of speech;
(b) freedom of expression;
(c) freedom of the press; and
(d) freedom of assembly.
Nonetheless, the scope of the protection extends to right
to form associations or societies not contrary to law, right to
access to information on matters of public concern, and
freedom of religion. These are all crucial to the advancement
of beliefs and ideas and the establishment of an “uninhibited,
robust and wide-open debate in the free market of ideas.”
 Freedom of Assembly
► refers to the right to hold a rally to voice out grievances against the
government.
► is not subject to prior restraint or prior issuance of permit by government
authorities. Nevertheless, it must be exercised in such a way that will
not to prejudice public welfare
► is reinforced by Batas Pambansa Blg. 880 or Public Assembly Acts of
1985, which basically provides the requirements and procedure for
holding rallies.
► It also implements the observance of “maximum tolerance” towards
participants of rallies consistent with the clear and present danger test.
 Freedom of Assembly
► Under the said law, permit is required to hold a rally. It must be
emphasized, however, that the permit is not a requirement for the
validity of the assembly or rally, because the right is not subject to
prior restraint. Rather, the permit is a requirement for the use of the
public place. However, permit is not required if the rally is held in a
private place, in a campus of a state college or university, or in a
freedom park, in which case only coordination with the police is
required. If the application for permit is not acted upon by the
mayor within two working days, then the same is deemed
granted.
► Political rally during election is regulated by the Omnibus Election
Code, not by BP 880.
 Right to Form Associations
(Section 8, Article III)
► provides that “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.”
► may be exercised by the employed or the unemployed and
by those employed in the government or in the private
sector.
 Right to Information
► provides that “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 given to the citizen,
subject to such limitations as may be provided by law.”
► The right guarantees access to official records for any lawful purpose.
However, access may be denied by the government if the information
sought involves: (a) National security matters, military and diplomatic
secrets; (b) Trade or industrial secrets; (c) Criminal matters; and (d) Other
confidential information (such as inter-government exchanges prior to
consultation of treaties and executive agreement, and privilege speech).
FREEDOM OF RELIGION
► Two Aspects of Freedom of Religion
(a) the freedom to believe, The first aspect is in the realm of the
mind, and as such it is absolute, since the State cannot control
the mind of the citizen. Thus, every person has the absolute right
to believe (or not to believe) in anything whatsoever without any
possible external restriction by the government.
b) the freedom to act on one’s belief. The second aspect is 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.”
LIBERTY OF ABODE AND
RIGHT TO TRAVEL
 Freedom of Movement
(Section 6, Article III)
► provides that “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.”
► Freedom of movement has two aspects:
► (a) Freedom to choose and change one’s domicile, and
► (b) Freedom to travel within and outside the country. A person’s place
of abode or domicile is his permanent residence.
 NON-IMPAIRMENT OF CONTRACTS
Contract Clause (Section 10, Article III )
► provides that “no law impairing the obligation of contracts shall be passed.”
► seeks to restrain substantial legislative impairment of, or intrusion into, the
obligations of contracts.
► What the clause guarantees is the integrity of contracts against undue
interference by the government.
► For example, if a lawyer enters into a contract with a client by which the latter
will pay 5% of the value of the monetary claim, a subsequent law which
deprives the lawyer of the said value is arbitrary and unreasonable since it is
destructive of the inviolability of contracts, and therefore invalid as lacking of
due process.
LEGAL ASSISTANCE AND FREE ACCESS
TO COURTS (Section 11, Article III)
► provides that “free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of
poverty.”
►   Free access is a right covered by the due process clause, because a
person, regardless of his status in life, must be given an opportunity to defend
himself in the proper court or tribunal. Nonetheless, the right is placed in a
separate provision to emphasize the desire for constitutional protection of
the poor.
► Litigation in Forma Pauperis. In consonance with this constitutional provision,
the Rules of Court provide for litigation in forma pauperis in which paupers
and indigents, who have only their labor to support themselves, are given
free legal services and access to courts.
 RIGHTS OF PEOPLE UNDER
CUSTODIAL INVESTIGATION
 Miranda Rights
► Section 12, Article III enumerates the rights of a person under
custodial investigation for the commission of an offense, to wit:
► (a) Right to remain silent, right to have a competent and independent
counsel preferably of his own choice, right to free legal services if he
cannot afford one, and the right to be informed of these rights. These rights
cannot be waived except in writing and in the presence of counsel;
► (b) Right against the use of torture, force, violence, threat, intimidation, or
any other means which vitiate his free will. Prohibition against secret
detention places, solitary, incommunicado, or other similar forms of
detention;
► (c) Exclusion of any confession or admission obtained in violation of this
provision or the right against self-incrimination as evidence against him; and
► (d) Sanctions against violators and compensation for rehabilitation of
victims.
 RIGHT TO BAIL
(Section 13, Article III )
► provides that “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 resonance 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.”
 Bail
► refers to the security given for the temporary release of a person in
custody of the law, furnished by him or a bondsman, conditioned upon
his appearance before any court as may be required.
► Probational release through bail is corollary to the right to be presumed
innocent and a means of immediately obtaining liberty. During the
duration of release, the accused is given the chance to prepare his
defense, and thus level the playing field for the parties.
► Those who are charged with offenses punishable by reclusion
perpetua and against whom evidence of guilt is strong, are not allowed
to bail. Under such circumstances, there is improbability of
appearance, and bail merely becomes an instrument of evading the
law.
 Criminal Due Process
(Section 14(1), Article III)
► These are rights of the accused “in criminal prosecutions”
► Criminal proceedings start from arraignment up to the rendition
of final judgment by the court. Arraignment refers to that stage
of the criminal proceeding when the information is read to the
accused to which he pleads guilty or not guilty.
► The proceeding continues until a final judgment is entered by
the court. The judgment is final when there is nothing for the
court to do but to execute it. Thus, during this duration the
accused can invoke the said rights under the proper
circumstances.
 Right to be Presumed Innocent
► The presumption of innocence is overcome by proof beyond
reasonable doubt.
► Proof beyond reasonable doubt is the highest quantum of
evidence. Such proof requires that the court is morally certain that
the accused is guilty of the crime, so that if there is reasonable
doubt that lurks in the mind of the judge, the accused must be
acquitted. When the defense creates reasonable doubt, the
presumption of innocence remains.
► Why Right is Granted: “It is better to acquit a person upon the
ground of reasonable doubt even though he may in reality be
guilty, than to inflict imprisonment on one who may be innocent”.
 Right to Counsel.
► is based on the reason that only a lawyer has a substantial knowledge of
the rules of evidence, and a non-lawyer, in spite of his education in life,
may not be aware of the intricacies of law and procedure. Depriving a
person of such right constitutes violation of due process.
► Included in the right is the duty of the court to inform the accused of his
right to counsel before arraignment and to give a counsel in case the
accused cannot afford the services of one.
► The counsel representing the accused must be independent and
competent. A counsel who has a divided interest between the
prosecution (State) and the defense (accused) is disqualified on the
ground of lack of independence and conflict of interest.
RIGHT TO SPEEDY DISPOSITION OF CASES
(Section 16, Article III)
► states that “all persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.”
► Unlike the right to speedy trial which applies only in criminal
proceedings, the right to speedy disposition of cases may
be invoked in all cases, whether judicial, quasi-judicial, or
administrative. Thus, right to speedy disposition of cases is
broader than right to speedy trial.
 Right to Speedy, Impartial and
Public Trial
► is based on the maxim that “justice delayed is justice denied.”
► Unreasonable delays may result to a prolonged suffering of an innocent
accused or an evasion of justice by a truly guilty person.
► It offends not just the accused but also the State, inasmuch as what is at
stake is the speedy, inexpensive, and orderly administration of justice.
► Thus, if the prosecution unreasonably delays the criminal proceedings
because of too many postponements and unjustifiable absences, the
accused may be acquitted on the ground of violation of right to speedy
trial. This does not, however, mean that the court cannot grant
reasonable postponements
 Right to Meet the Witnesses
Face-to-Face
► The right to confrontation enables the accused to test
the credibility of the witnesses.
► is reinforced under the rules of criminal procedure by the
so-called cross-examination. 
► Cross-examination is conducted after the presentation
and direct examination of witnesses by the opposing
side. Both parties are allowed to test the veracity of the
testimonies presented by the other.
 Writ of Habeas Corpus
► is a written order issued by the court directed to a person
detaining another commanding him to produce the body of the
prisoner at a designated time and place, with the day and cause
of his capture and detention, to do, to submit to, and to receive
whatever court or judge awarding the writ shall consider in his
behalf.
► When a person is illegally confined or detained, or when his liberty
is illegally restrained, he has the constitutional right to file a petition
of habeas corpus. Should the court find out that the person is
illegally confined or detained, he shall be immediately released
from detention.
 Right against Self-Incrimination
(Section 17, Article III )
► provides that “no person shall be compelled to be a
witness against himself.”
► The right allows a person not to answer an incriminating
question.
► An incriminating question is one that if answered renders
a person liable for an offense. However, it is only when
the incriminating question is put to a witness stand that
the right may be invoked.
RIGHT AGAINST INVOLUNTARY SERVITUDE
(Section 18, Article III )
► provides that no person should be detained solely by reason of his
political beliefs and aspirations, nor should involuntary servitude in any
form exist, except as a punishment for a crime.
► The first part of the provision deals with the right not to be detained by
reason solely of political beliefs and aspirations. This is essentially
embodied in the freedom of expression but with emphasis on the
prohibition against incarceration of “political prisoners.” The second
part deals with the right against involuntary servitude. Involuntary
servitude refers to the compulsory service of another or simply modern
day slavery. The right is based on the egalitarian principle of
democracy which prescribes equality of everyone in law, and on
humanity which prevents degradation of human dignity through
enforced labor.
 Involuntary servitude may be allowed under the
following instances:
► (a) as punishment for crime;
► (b) in the case of personal, military or civil service in
defense of the State; and
► (c) in compliance to a return to work order issued by
the Department of Labor and Employment.
 RIGHT AGAINST EXCESSIVE FINES
AND CRUEL PUNISHMENTS
► Section 19(1), Article III
► states that “excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted…”
► A fine is excessive when it is unreasonable and beyond the
limits prescribed by law. The amount of the fine is said to be
unreasonable if the court does not take into consideration
certain standards, such as the nature of the offense, and the
circumstances of the person punished by fine. The imposed
fine may never go beyond the statutory prescription,
otherwise it is unlawfully excessive.
Death Penalty (Section 19(2))
► also states that “… neither shall 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.”
► The present provision abolishes death penalty, although with a
reservation that the Congress can subsequently pass a law
imposing it for compelling reasons involving heinous crimes.
   RIGHT AGAINST IMPRISONMENT FOR
DEBT (Section 20, Article III)
► provides that “no person shall be imprisoned for debt or non-payment of a poll
tax.”
► A debt ,as covered by the constitutional guarantee, refers to a contractual
obligation by a debtor to pay money to the creditor. If by reason of poverty or
lack of money a person cannot pay his debt, he cannot be imprisoned by
reason thereof.
► The creditor only has himself to blame if he voluntarily agreed to lend money to
someone who apparently cannot pay or whom he thought could pay but did
not. Nevertheless, although the debtor cannot be imprisoned, his property may
be taken or attached by the court, and then sold at public auction in payment
of his debt to the creditor.
► Estafa is not covered by this constitutional guarantee. What is punished
in estafa is not the non-payment of debt but the deceit accompanying
the act of non-payment.
► A poll tax is a tax of a fixed amount imposed on individuals residing
within a specified territory, whether citizens or not, without regard to
their property or the occupation in which they may be engaged. 
► As far as poll tax is concerned, non-payment is not punished by the
government in consideration of the plight of the poor who cannot
even afford to pay it. Poverty could never be a reason for a person’s
imprisonment. It must be emphasized, however, that as regards other
forms of taxes, non-payment may be a cause of imprisonment. Failure
to pay income taxes is considered a crime (tax evasion), and
punishable under the law by imprisonment.
  RIGHT AGAINST DOUBLE JEOPARDY
(Section 21, Article III)
► states that “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.” This is more famously known as the right against double
jeopardy.
► Double jeopardy means that a person is twice put at the risk of conviction
for the same act or offense. The right against double jeopardy therefore
means that a person can only be indicted or charge once by a
competent court for an offense. When a person, for instance, has been
charged of homicide and the court acquitted him of the case, he can no
longer be prosecuted for the same offense or act. He can now invoke his
right against double jeopardy.
 RIGHT AGAINST EX POST FACTO LAW AND
BILL OF ATTAINDER (Section 22, Article III)
► provides that “no ex post facto law or bill of attainder shall be enacted.”
► An ex post facto law is one which:
(a) Makes criminal an act done before the passage of the law which was innocent
when done, and punishes such an act;
(b) Aggravates a crime, or makes it greater than it was, when committed;
(c) Changes the punishment and inflicts a greater punishment than the law annexed to
the crime when committed;
(d) Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
(e) Assuming to regulate civil rights and remedies only, in  effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(f) Deprives a 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 of amnesty.
 Bill of Attainder
► is “a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial determination of guilt.”
Two Kinds of Bill of Attainder:
(a) the bill of attainder proper which involves the legislative imposition of death
penalty, and
(b) bill of pains and penalties which involves imposition of a lesser penalty.
► The prohibition against bill of attainder is an implementation of the
principle of separation of powers. The legislature cannot bypass the
judiciary by enacting a law that punishes an act without need of judicial
proceedings. The legislative department should be confined to its
law-making function; it cannot encroach the authority of the courts by
prescribing a law that directly adjudges guilt without judicial
determination.
End of the Lesson