Article III

Sections 1-22
 Section 1

NO PERSON SHALL BE DEPRIVED OF LIFE,

LIBERTY, OR PROPERTY WITHOUT DUE
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PROCESS OF LAW, NOR SHALL ANY
PERSON BE DENIED THE EQUAL
PROTECTION OF THE LAWS.
 Due a process done under the valid
authority of the law, or the
Process Constitution, after compliance
with fair and reasonable
methods of procedure
prescribed by law.
Life - something more than mere animal existence. The prohibition against its deprivation
without due process extends to all the limbs and faculties by which life is enjoyed.

Liberty - denotes not merely freedom from physical restraint, but also embraces the right
of man to use his faculties with which he has been endowed by nature / his Creator,
subject only to the limitation that he does not violate the law or the rights of others.

Property - may refer to the thing itself or to the right over a thing. It includes the right
to own, use, transmit and even to destroy, subject to the right of the State and of other
persons.
 “all persons subject to legislation should
Equal be treated alike, under like
circumstance and conditions, both in
the privileges conferred and liabilities
Protection imposed.”

of the What it prohibits is class legislation,

which discriminates against some and
Laws favors others when both are similarly
situated or circumstanced.
 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 OF ARREST SHALL ISSUE
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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 Warrant & Warrant of Arrest

A search warrant is an order in

If the command is to arrest a
writing , issued in the name of the
person designated, i.e. to take
People of the Philippines, signed
him into custody in order that he
by a judge and directed to a
may bound to answer for the
peace officer, commanding him
commission of an offense, the
to search for certain personal
written order is called warrant of
property and bring it before the
arrest.
court.
 NOTE!
What constitutes a reasonable or unreasonable
search or seizure in any particular case is a
purely judicial question (only courts are
empowered to rule upon), determinable from a
consideration of the circumstances involved.
 The probable cause
It must be issued must be
Requisites upon probable determined
personally by the
cause
for a judge himself

Valid Such determination of

the existence of probable
cause must be made
The warrant must
particularly describe
the place to be
Warrant after examination by the
judge of the complainant
and the witnesses he may
searched, and the
persons or things to
produce be seized
PROBABLE CAUSE
Probable cause - are such facts and circumstances
antecedent to the issuance of a warrant sufficient in
themselves to induce a cautious man to rely upon them,
and act in pursuance thereof.

It presupposes the introduction of competent proof that the

party against whom a warrant is sought to be issued has
performed particular acts, or committed specific omissions,
violating a given provision of our criminal laws.
When may SEARCH and SEIZURE be
made without a warrant?
Where there is consent or waiver;
Where search is an incident to a lawful arrest,
In the case of contraband or forfeited goods being transported
by ship automobile, or other vehicle, where the officer making
it has reasonable cause for believing that the latter contains
them, in view of the difficulty attendant to securing a search
warrant,
Where, without a search, the possession of articles prohibited
by law is disclosed to plain view or is open to eye and hand
When may SEARCH and SEIZURE be
made without a warrant?
As an incident of inspection, supervision and regulation in
the exercise of police power such as inspection of
restaurants by health officers, of factories by labor
inspectors, etc. The same thing may be said of inspection
of books of accounts by revenue examiners, and;
Routine searches usually made at the border or at ports of
entry in the interest of national security and for the proper
enforcement of customs and immigration laws.
When may an ARREST be made
without a warrant?
A peace officer or private person may, without a warrant, arrest a
person:
When, in his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense;
When an offense has in fact just been committed and he has
personal knowledge of facts indicating that the person to be
arrested has committed it;
When may an ARREST be made
without a warrant?

When the person to be arrested is a prisoner who has escaped

from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
 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

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PRESCRIBED BY LAW.

(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE

PRECEDING SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN
ANY PROCEEDING.
 right to be left alone
right of a person to be free
Right from unwarranted publicity
to right to live without
unwarranted interference by
Privacy the public in matters in which
the public is not necessarily
concerned.
Limitations on the right

The right is not violated when the interference is made:

1) Upon lawful order of the court;

interpreted in the light of the requirements for the
issuance of a search warrant.
2) When public safety or order requires otherwise as
prescribed by law.
When the evidence is illegally
obtained...

Inadmissible – any evidence obtained in violation of the right

against unreasonable search and seizure and the right to
privacy of communication is inadmissible for any purpose in
any proceeding.
Right of owner – since the evidence is obtained illegally, the
owner has the right that the articles seized be returned,
unless they are in themselves prohibited or forbidden by law.
 Section 4

NO LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF

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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 to freely utter and publish

Freedom whatever one pleases without prior

restraint;
to be protected against any
of responsibility, for so doing as it does
not violate the law, or injure
Speech someone’s character, reputation, or
business;
it includes the right to circulate what
is published
 This includes the specific
Scope of guarantees of free speech and free
press, the rights of assembly and
Freedom petition, the right to form
associations or societies not
of Speech contrary to law, and the right to
religious freedom.
 Promotes growth of the
Importance individual and the nation
Makes possible scrutiny of acts
of Freedom and conduct of public officials
of Speech Ensures a responsive and
popular government
Note: Freedom of Speech is not
absolute!
it is subject to some regulation by the State in order that it
may not be injurious to the right of the community or
society;
may be exercised under the police power of the State to
promote or protect the public welfare;
any one who slanders or libels another may be penalized;
“lewd and obscene” speech is not entitled to constitutional
protection nor are “fighting words”, words that by their
very utterance injure and provoke others to attack
 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
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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.
Freedom the right of a man to worship God,
and to entertain such religious views
of as appeal to his individual conscience,
without dictation or interference by
Religion any person or power, civil, or
ecclesiastical.
Aspects of 1) The separation of Church and State;

Religious 2) The freedom of religious profession

and worship
Freedom
 Freedom of religious profession and
worship
1.Freedom to believe in a religion – a state may not compel a religious
belief nor deny any person any right or privilege because of his beliefs or
lack or them. It also cannot inquire into the truth or validity of a religious
doctrine. The theory is that a religious belief by itself cannot in any
degree affect public interest.
2. Freedom to act in accordance with such belief
not absolute; conduct remains subject to regulation and even
prohibition for the protection of society
religion may not be used to justify action or refusal to act inconsistent
with the public safety, health, morals, or general welfare of society,
or violative of the criminal law
Dissemination of religious belief

•free exercise and enjoyment of religious profession and

worship carries with it the right to disseminate religious
beliefs and information.

•any restraint on the right to disseminate religious ideas

and information can only be justified on the ground that
there is a clear and present danger of any substantive
evil.
 Section 6

THE LIBERTY OF ABODE AND OF CHANGING THE SAME

WITHIN THE LIMITS PRESCRIBED BY LAW SHALL NOT BE
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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.
Liberty of the right of a person to have his

Abode home in whatever place chosen by

him and thereafter to change it at
will, and to go where he pleases,
and without any interference from any
source.
Travel
Limitations

“except upon lawful order of the court”

“except in the interest of national security, public safety, or
public health” – this limitation does not need a court order,
but the determination of the executive officer is subject to
judicial review.
these limitations mean that the right is subject to the
dominant police power of the State.
 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
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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

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THE PUBLIC AND PRIVATE SECTORS, TO FORM UNIONS,
ASSOCIATIONS, OR SOCIETIES FOR PURPOSES NOT
CONTRARY TO LAW SHALL NOT BE ABRIDGED.
 is a necessity to place employees or
labor sectors to the bargaining levels
Unionism same as that of their employers in
relation to negotiations of terms and
conditions of employment.
 Section 9

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PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE
WITHOUT JUST COMPENSATION.
 the amount to be paid for the
expropriated property shall be
Just determined by the proper court,
Compensation based on the fair market-value at the
time of the taking.
 Section 10

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NO LAW IMPAIRING THE OBLIGATION OF CONTRACTS
SHALL BE PASSED.
 is a meeting of minds between
parties with respect to rendition of
service or performance of obligation
to give something. The government is
Contract prohibited from interfering with
agreement of parties since it is
considered as a law between the
contracting parties, unless whatever
is stated in the contract violates the
law, especially the labor law.
Section 10

Discusses the “sanctity” of contracts and

obligations;
Laws affecting contracts cannot be applied
retroactively;
All contracts illegal in nature are non-binding.
 Section 11

FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL

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BODIES AND ADEQUATE LEGAL ASSISTANCE SHALL NOT BE
DENIED TO ANY PERSON BY REASON OF POVERTY.
Note!
If the accused cannot afford to hire a lawyer to
defend his case, the government shall provide
one for him. He shall be assisted and
represented by a public prosecutor and a
counsel from the Public Attorney’s Office (PAO).
The Integrated Bar of the Philippines (IBP) is
giving free legal assistance to underprivileged
litigants.
 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.

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(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 12

“Right of Person under Custodial Investigation”

This section stresses the following:

Miranda Rights/Rules;
Permissible use of Police Power;
Admissible confessions, and;
The right to redress in the event of a violation of
these rights.
 Section 13

ALL PERSONS, EXCEPT THOSE CHARGED WITH OFFENSES

PUNISHABLE BY RECLUSION PERPETUA WHEN EVIDENCE OF
GUILT IS STRONG, SHALL, BEFORE CONVICTION, BE BAILABLE
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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.
 the security (usually a deposit of
money) required by a court for the
Bail temporary release of a person who is
in the custody of the law provided
that his appearance in trials may be
ensured.
 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
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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 14

The right to due process of law in criminal

cases;
The right to be presumed innocent until
proven guilty;
The right to confront one’s accuser; and
Basis for Trials in Absentia.
 Section 15

THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS SHALL

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NOT BE SUSPENDED EXCEPT IN CASES OF INVASION OR
REBELLION, WHEN THE PUBLIC SAFETY REQUIRES IT.
 an order issued by a court
commanding to produce the body of
Writ of the prisoner at a designated time
and place and to show sufficient
Habeas cause for holding in custody the
individual so detained.
Corpus A literal translation of habeas corpus
found in many legal textbooks is
“you (shall) have the body.”
 Section 16

ALL PERSONS SHALL HAVE THE RIGHT TO A SPEEDY

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DISPOSITION OF THEIR CASES BEFORE ALL JUDICIAL,
QUASI-JUDICIAL, OR ADMINISTRATIVE BODIES.
 Section 17

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NO PERSON SHALL BE COMPELLED TO BE A WITNESS
AGAINST HIMSELF.
Section 17

“The right against self-incrimination”

 Section 18

(1) NO PERSON SHALL BE DETAINED SOLELY BY REASON OF

HIS POLITICAL BELIEFS AND ASPIRATIONS.
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(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 18

Servitude - the state of involuntary or

compulsory subjections of a person to a
master.
Slavery
Peonage
Exceptions
Where servitude is imposed for a
crime for which one has been
convicted;
Under Section 4, Art. II where
personal military or civil service is
required of citizens for the defense of
the State
 Section 19
(1) EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR CRUEL,
DEGRADING OR INHUMAN PUNISHMENT INFLICTED. NEITHER SHALL
DEATH PENALTY BE IMPOSED, UNLESS, 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 SUBHUMAN CONDITIONS SHALL BE DEALT WITH BY LAW.
 Section 20

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NO PERSON SHALL BE IMPRISONED FOR DEBT OR NON-
PAYMENT OF A POLL TAX.
Section 20

Debt - means any liability to pay money arising out of

a contract expressed or implied. But if the debtor has
a property, the creditor has the right in a civil case as
a means of enforcing for the payment of debt.

Poll Tax - or “personal tax”, is a fixed amount

imposed on individuals residing within a specified
territory whether citizen or not.
 Section 21

NO PERSON SHALL BE TWICE PUT IN JEOPARDY OF

PUNISHMENT FOR THE SAME OFFENSE. IF AN ACT IS
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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

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NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL BE
ENACTED.