Rights Protected Under the Bill of Rights

The Right to Due Process

The essence of the due process of law is that which hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial.

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 law.
Art. III Sec. 1
Due Process is an opportunity to be heard or, as applied to administrative proceedings, to have a fair and
reasonable opportunity to explain one’s side.
The requisites of a procedural due process are:
1. The existence of an impartial court or tribunal that will hear the case.
2. The court or tribunal has jurisdiction over the person and over the subject matter of the
proceedings.
3. The defendant or the sued party must be given an opportunity to be heard
4. The judgment is rendered only after lawful hearing.
Rights Against Unreasonable Searches and Seizures
The Charter safeguards individuals as juridical entities against unreasonable searches and seizures. When
the search or seizure is in accordance with the law, it is not unreasonable. However, even if there is a
proper warrant of the service, when it is done with unnecessary force or security, the search or seizure is
still unreasonable. The probable cause is determined by a judge.

The right of the people to be secure in their persons, houses, papers, and effect against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant
or warrant of arrest shall be issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainants and the witnesses he/she may produce,
and particularly describing the place to be searched and the persons or things to be seized.
Art.III Sec. 2
A search warrant is 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 personal property and bring it before
the court. (Rules of Court, Rule 126 Sec.11). Under the constitution, before the issuance of a valid search
warrant or warrant of arrest, the following requirements must be complied with;
1. There must be probable cause to be determined by the judge.
2. Such determination of probable cause is made after examination under oath or affirmation of the
complainant.
3. The warrant must particularly describe the place to be seized.
Only one specific offense must be charge.
On the other hand, a peace officer can make a search/arrest without a warrant in the following
cases;
1. The search is incidental to a lawful arrest.
2. There is consent, meaning the person knowingly and intelligently waives objection.
3. The search is made in compliance with lawful or sanitary regulations.
4. Motor cars can be inspected at borders to prevent smuggling.
5. Prohibited articles may be taken without a warrant if they are open to the public.
Right to Privacy of Communication
The constitution protects and safeguards the privacy of communication (by phone and similar
device) as well as correspondence (letters and telegrams). This is given clarity in the charter.

(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.
Art. III Sec.3

Freedom of Expression and Right to Assemble

The Bill of Rights also enshrines the freedom of speech and expression and of the press as a
safeguard against repressive measures by the state but such freedom may be limited by the police power
of the state against rebellion or seditious attacks designed to imperil the security of the state.
This is stated in Article III, Section 4 as follows:

No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the
people to peaceably assemble and petition the government for redress of grievances.
Art. III Sec.4

Freedom of Speech implies the right to freely utter whatever anyone pleases and be protected against any
responsibility unless such utterances are against the law or against recognized rights of others.
Freedom of the Press implies the opportunity to freely print whatsoever one pleases and be protected
against any responsibility unless such print is against the recognize rights of others. A person who violates
the freedom of the press may be held liable of libel.
Freedom of Expression is a catch-all phraseology for it may include freedom of speech, press, religion,
association and acts.
Right to Assemble means a right on the part of the citizens to meet peacefully for consultation with
respect to public affairs, not the affairs of other people.
Right to Petition means that any person or group of persons can complain without fear of penalty to the
concerned government branch or office.
The freedoms mentioned above fall under the limitations of the state’s police powers. There are tests used
to determine whether a certain freedom has been abused or exceeded by the person and therefore
becomes amenable to punishment.
1. Bad or Dangerous Tendency Rule. This rule permits restrictions or limitations and the person may
be punished if the words uttered or printed have the tendency to bring about the evil which the
government has the right to prevent from happening even in the future. This rule is strict in so far
as the exercise of the freedom is concerned. It is applied during repressive periods or regimes.
2. Clear and Present Danger Rule. This rule permits restrictions if the utterance or printed words are
of such nature so as to create a clear and present danger of the evil that the government has the
right to prevent. This is a more liberal rule because it waits for the happening of the evil first.
Freedom of Religion
The Philippines is a predominantly Catholic nation. However, there are other religions in the
country. To give every citizen the right to choose their own expression and form of worship, the
constitution provides for freedom of religion under Article III, 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.
Art. III Sec.5
However, the freedom of religion covers two aspects:
1. The freedom to believe, which is absolute.
2. The freedom to act on the basis of one’s belief, which, in the nature of things, cannot be absolute
and may be subject to the overriding power of the state which is the police power.
Liberty of Abode
Abode is a place where one has an established residence. This is the place where a person lives and
if absent, he intends to return. This refers to his domicile. A person enjoys the right to choose the place to
stay and to change the same when they so desire. The right of individuals to travel within and outside of
the country cannot be inhibited unless they have done something contrary to the law.

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.
Art. III Sec. 6

Right to Information
A well-informed citizenry is a condition to an efficiently run government. In a republican and
democratic society like the Philippines, the role of the well-informed people becomes necessary and
indispensable. Ignorance and uninformed/misinformed citizens cannot effectively advise and fiscalize the
government. Neither they can actively participate in assemblies to promote the election of competent
officials to run the government.

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.
Art. III Sec.7
The people have the right to know what laws, executive orders, proclamations, presidential decrees and
other administrative rules have been enacted or promulgated. These promulgations or enactments have to
be published in the Official Gazette or authorized newspapers of general circulation to enable the people
to know their contents and they become effective only after their publication.
Finally, a person cannot be convicted of a crime penalized by law which is never published as
required.
The Right to Form Associations
In union, there is strength. The right to associate gives push to man’s natural instinct to get
together or to associate with others with like or unlike persuasion. It also adds recognition that more
benefits can be realized or gained if people group themselves together rather than stand alone.

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.
Art. III Sec.8
Government workers may form unions and hold strikes. But this right of government workers must be in
accordance with the law which may fix certain limitations considering the nature of governmental
functions involved.
Right to Private Property
The Constitution guarantees the primacy of private ownership. It respects the rights of every citizen to own
something that is strictly for their personal use. However, there are times when the government may need
a particular piece of property for a public project. In this instance, the government may take the property
but must pay justly.

Private property shall not be taken without just compensation.

Art. III Sec.9
This policy implements the inherent power of the state – the power of eminent domain. The requirements
to this process are the following:
1. The property whether real or personal must be privately-owned.
2. The property is taken for public use.
3. Just compensation must be paid.
The Sacredness of Contracts
All agreements are to honored by everyone, especially if it complied with all the legal requirements.
Thus, Article III Section 10 of the charter states:

No law impairing the obligation of contracts shall be passed.

Art.III Sec.10
Contracts are protected against the impairment by legislative enactment because to deprive one of
his rights acquired under the contract would be to violate also the due process clauses.
The contracts protected by the constitution may be executed, executory, expressed or implied
contracts or those entered into or between natural or juridical persons or contracts with the government.
Rights of the Accused
Sections 11-22 of the constitution pertain to various rights that an accused may exercise. The bulk
of provisions constituting the rights of the accused is a testament to the care that the law exercises so that
no innocent man be punished. Section 11 in effect, states that papers or person who are poor shall be
given free access to courts and quasi-judicial bodies as well as free adequate legal assistance (or free
counsel to defend him in court).

Free-access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.
Art. III Sec. 11
Section 12 sets forth what is known as The Miranda Doctrine. the right to silence and to counsel, a right
taken from so-called Miranda Doctrine is explained as follows: He (the accused) must be warned prior to
any questioning that he has the right to remain silent; that anything he says can be used against him in a
court of law; that he has the right to the presence of an attorney, and that if he cannot afford an attorney
one will be appointed for him prior to any questioning, if he so desires. Opportunity to exercise these rights
must be afforded him throughout the interrogation.

Sec.12 (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silence 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 vitiatm.me the free will shall
be used against him. Secret detention places, solitary, incommunicado or other similar forms of detention
is prohibited.
(3) Any confession or admission obtained in violation of this or Sec.17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violation of this section as well as compensation
to rehabilitation of victims of torture or similar practices and their families.
Art. III Sec.12(2-41

Article III Section 13 states the rule on release of an accused. An accused may be released on bail or
recognizance subject to the following qualification.
(1) A bail or recognizance shall be granted before conviction.
(2) No bail or recognizance shall be granted to a person charged with an offense punishable by
reclusion perpetua when the evidence of guilt is strong.
(3) Excessive bail shall not be required.

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.
Art. III Sec.13

Article III, Section 14 expresses a fundamental tenet in a democracy that due process of law must be
observed before a person shall be held to answer for a criminal offense. And as already stated, due process
of law involves among others, previous hearing, an opportunity to be heard and an impartial tribunal or
judge who shall render judgment.
The accused shall be presumed innocent until the contrary is approved. This is a basic rule grounded on
due process.

(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 not
withstanding the absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable.
Art. III Sec.14(1-2)
 The privilege of the writ of habeas corpus (a writ to produce the body of a person detained), as
mentioned in Article III, section 15 can be suspended by the President only in cases of invasion or rebellion
and when required by public safety.

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
when public safety requires it.
Art. III Sec. 15

Article III Sec. 16 requires a speedy disposition of cases before adjudicative bodies. The period to
decide cases set forth in section1 of Article VIII, are now made mandatory. The philosophy behind the
requirement on speedy disposition of cases is the maxim that justice delayed is justice denied.

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

The right against self-incrimination is based on the ground of policy and humanity; of policy
because if the party were required to testify, it would place the witness under the strongest temptation to
commit perjury; and humanity because it would prevent the extorting of confession by duress.

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

Art. III Sec. 17

Article III section 18 (1) states that a person is free to express his political beliefs and aspirations. He
must do so without recourse to violence or violation of public order and public peace.
Section 18 (2) is a provision designated to outlaw once and for all slavery which is highly
incompatible with democratic tenets and traditions. The exceptions to the rule against involuntary
servitude are:
1. Punishment for a crime committed by the accused after a due trial;
2. Exercise of parental authority over unemancipated children or persons under guardianship;
3. Enlistment and service in the Naval and Military forces of the state; and
4. Service for public peace, order, and safety, or service for the improvement of public highways.

(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.
Art. III Sec. 18 (1-2)

Article III Section 19 of the Constitution prohibits excessive fines or cruel, degrading or inhuman
punishment, thus forbidding penalties or punishments that are disproportionate to the nature of the
offense committed by the accused. We are now at a stage of civilization where barbaric ways of punishing
an accused are condemned. All punishment that causes unnecessary pain or mental anguish are cruel and
therefore, contrary to the Constitution.
 Death penalty is abolished except when Congress provides for it in case of heinous crimes. Thus,
any death penalty already imposed even by final judgment shall be reduced to reclusion perpetua.

(1) Excessive fines shall not be imposed, nor cruel or degrading or inhuman punishment inflicted.
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.
(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.
Art. III Sec. 19(1-2)

The prohibition is being limited to contractual obligations only. It has been held that subsidiary
imprisonment for failure of an offender to pay the fine imposed upon by court is not imprisonment for
debt.

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

Art. III Sec. 20

No person shall be 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. Art. III Sec. 21
The accused is put in jeopardy if he again is tried for an offense for which he had already been
convicted or acquitted in any other manner in which the indictment against him has been dismissed
without his consent.

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

Art. III Sec. 22
An ex post facto law is defined generally as one which in its operation, makes one a criminal which
was not so at the time the action was performed.
The classical definition of ex post facto law are as follows:
1. Every law that makes an action done before the passing of the law a criminal act and punishes such
action.
2. Every law that aggravates a crime or makes it greater than it was when committed.
3. Every law that alters the legal rules of evidences required at the time of the commission of the
offense.
4. Every law that changes the punishment and afflicts a greater punishment than the law annexed to
the crime when committed.