lOMoARcPSD|25644368

Bill of Rights

Corporate Law (Cotabato State University)

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)
 lOMoARcPSD|25644368

Article 3 of the Phil. Constitution

This part of the 1987 constitution, The Bill of Rights, enumerates the fundamental rights of the
Filipino people. It sets the limits to the government’s power which proves to be not absolute.
Among the rights of the people are freedoms of speech, assembly, religion, and the press. An
important feature here is the suspension of the writ of habeas corpus which have three
available grounds such as invasion, insurrection, and rebellion. (Source: Module in GEd 105:
Readings in Philippine History)

There are 22 sections under this Article III of the 1987 Constitution otherwise known as The Bill
of Rights. To wit;

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.

 RIGHT to life – Nobody has the right to end one’s life. Also talks about the
Quality of Life.
 RIGHT to liberty/ to be free
 RIGHT to Property – Right to own anything without any threat being faced.

NOTE: They (3 mentioned rights) cannot be taken without due process

 Due Process- Requirement process in resolving legal matters in accord to the

established rules and principles. Cannot be jailed without undergoing to this
process. It is also determining of whether a person committed a violation, guilty
or not guilty.

 Equal protection of Laws- Must treat each individual similarly situated in the
same manner. It includes all citizens including all the ALIENS of a country. (E.g.
Pagpapataw ng buwis for the similarly situated individuals)

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

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.

 Right against unreasonable searches and seizure- it should be considered

unreasonable kung walang valid search warrant or warrant of arrest.

a. Search vs Seizure: Search is a process done by authorized officers to
look specific items that are related to crime. Seizure is the act of taking
over the possession of the items during the search.
b. Warrant of Arrest: An official document signed by the JUDGE which
authorizes police officers to ARREST the person or people named in the
document.
c. Search Warrant: An official document signed by the JUDGE which
authorizes police officers to SEARCH a particular location and seize
specific items.

VALID SEARCH WARRANT AND WARRANT OF ARREST:

1. It must be issued upon PROBABLE CAUSE.
Probable cause- sufficient reason based upon known facts to
believe a crime has been committed or that certain property is connected
with a crime. (Example: Kapag mukhang kriminal, wag aarestuhin agad
agad lalo na kung wala namang matibay na evidence:))
2. PROBABLE CAUSE must be determined personally by the judge.
3. The Judge must examine the complainant and the witness he may
produce under oath or affirmation.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

4. The warrant must particularly describe THE PLACE to be searched

and the PERSONS or THINGS to be seized.

Warrantless ARREST: Arrest without a warrant. Valid in the following Cases

1. In flagrante delicto: The person is committed (wanted), committing, or
attempting to commit a crime.
2. Hot Pursuit Arrest: The Police Officers should have a personal
knowledge that a suspect committed a crime.
3. A prisoner who escaped from prison.

NOTE: Hindi lamang police officers ang may right to arrest people committed a crime.
This is what we call CITIZEN’S ARREST. But it is not recommended because of the
risks. Mas better kung ireport nalang sa authorities and let them do the right procedure.

Warrantless SEARCH: Search without a warrant. Valid in the following

situations:
1. Consent: freely and voluntarily agrees to a search of his or her
property.
2. Exigent Circumstances: If the police officers feel that the time that it
would take to get a warrant would jeopardize public safety or lead to the loss of
evidence, they can perform a search without a warrant.
3. Search Incident to Arrest. A police officers does not need a warrant to
perform a search in connection with an arrest.
4. The Plain View Doctrine: the evidence is clearly visible.

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.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

 RIGHT TO PRIVACY: right to be left alone.

 EXCEPTIONS:
1. Lawful order of the court (search warrant)
2. Public Safety or Order requires it. (If someone shouting for help, a
police may enter a house or a private property)

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.
 Freedom of Speech
 Freedom of Expression
 Freedom of the Press
The right to express any opinion without censorship or restrain including the following:
1. Published Articles and Book
2. Television or Radio Broadcasting
3. Works of Art
4. Internet or Social Media
LIMITATION: Your right ENDS when you start to VIOLATE the rights of another.
1. Defamation: (1) Libel- if the statement is made in writing and published;
(2) Slander- if the hurtful statement is spoken.
 Freedom of Assembly: Right to hold a rally to voice out grievances against the
government.
Public Authorities can RESTRICT your rights to Freedom of Assembly:
1. Protect National Security and Public Safety
2. Protect Rights and Freedom of other people
3. To Prevent Disorder or Crime

Section 5

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

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.

 Freedom of Religion- Right of a person to worship God without interference from any
person or power.
 ASPECTS:
1. Freedom to believe in any religion
2. Freedom to act in accordance with such belief
NOTE: It is NOT an absolute right. It is still subject to the rules and laws of the state.
Example: No one is allowed to appear nude in the public in the name of religion.
 Prohibition of Religious Test: requiring someone to have a religious belief before the
performance of the act. (Example: Requiring that a President of the Philippines must be
a Roman Catholic is void)

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.
 Liberty of Abode: Right of a person to choose or change his residence without
interference from the government.
 Right to Travel: The right to go to different places
Note: They can be denied or restricted by the state if:
1. Lawful order of the court (If a person is facing criminal charges)
2. National Security Public Health is endangered (Travel restrictions due
to Covid 19)

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,

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

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.
 Right of the People to Information:
 Right to Access the Records- transparency in preventing the act of corruption.
The following documents can be disclosed to the public:
1. Official Records
2. Official acts, transactions, or decisions
3. Government research data
Documents should not be disclosed to the public
1. Records involving the security of the state
2. Accounts pertaining to military intelligence funds
3. Trade secrets and banking transactions
4. Identity of informants in criminal investigation
5. Confidential diplomatic matter

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.
 Right to form Association:
 Freedom to organize
 Be a member of any group, associations, unions, or society.
 It may be exercise by the employed (public and private) and unemployed.

Section 9
Private property shall not be taken for public use without just compensation.
 Right to Just Compensation
 Inherent power of the state: these are the powers that the congress and the president
need in order to get the job done by.
1. Police Power: the power to enact regulations for the health, safety and
welfare of the public

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

2. Power of Taxation: Power of the government to impose and collect

taxes
3. Power of Eminent Domain: the power of the government to take private
property. It is valid in the following cases:
a. It must be a private property;
b. The land confiscated is for public use;
c. There must be due process of law in expropriation;
d. Just compensation: Owners will be paid accordingly when the
government seized the property for public use.

Section 10
No law impairing the obligation of contracts shall be passed.
 Obligation of Contracts: legal duty of the contractors to fulfill the promises stated in the
contract. (Contract of sales: obligation to pay and obligation to deliver a specific/generic
thing)
 There is no law that would stop a contract from being enforced. The purpose of
non-impairment prohibition is to assure the fulfillment of promises between
parties and to avoid problems.

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.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

(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.
 Right of an accused under custodial investigation:
 CUSTODIAL INVESTIGATION: any questioning initiated by law enforcement officers
after a person has been taken into custody.
1. Miranda Rights: “You have the right to remain silent. Anything you say can and
will be used against you in a court of law”. It is also called Miranda warning, a
constitutional requirement that once an individual is detained by the police, there
are certain warnings a police officer is required to give to a detainee.
a. Right to remain silent: A person under custodial investigation has the
right to refuse answering any questions those who give up the right to remain
silent face the prospect that their statements will be used against them in the
court. However, keeping your mouth shut the whole time is not enough for them
that you realize that you wish to remain silent. You must expressly invoke them
by saying something.
b. The right to competent and independent counsel preferably of his
own choice. If the person cannot afford services of a counsel, he must be
provided one without charges.
c. The right to be informed of such rights. The officer is duty bound to
explain the effects of these rights and ensure the person’s understanding in a
language understood by him.
Waiving Miranda Rights: A person refrains from using his Miranda Rights.
The following are the requirements:
a. must be waived in writing
b. with a presence of a counsel
However, these are not advisable. It is better to talk to a lawyer for a full
explanation of the law to avoid further damages
2. Right to presumption of Innocence(Can also be under Section 14, Par 2): This
means the accused will be innocent until proven guilty.
3. The right to a speedy impartial public trial (Can be subject under Section 16):

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

a. Speedy means that as much as possible, the court shouldn’t delay the
trial because it would prolong the agony of the accused.
b. Impartial means that whether the accused is the pope or a homeless
person, the judicial system must be fair.
c. Public Trial or a trial open to the public, the accused friends, relatives,
and others who are interested to observe their proceedings may attend the trial.
4. Right against the use of torture, force, violence, threat and intimidation. The
police cannot slap, beat, threaten or intimidate the accused in custody. It is against the
constitution to use any method that would hurt the accused. The police may be punished
by the law if this right was violated.
5. Right against being held in SECRET DETENTION INCOMMUNICADO or
similar forms of SOLIDARY DETENTION.
a. Secret Detention: detainees are held incommunicado(they are not
permitted to contact the outside world including families and lawyers). This is to avoid
what happened DURING THE MARCOS TIME.

DOCTRINE OF POISONOUS TREE: Any evidence that is illegally acquired

cannot be used in court against the defendant. (Si Juan na naarrested because of
murderous crime. Let’s say na dinala daw sya sa isang secret detention and natorture
ng mga pulis para paaminin sa nagawang kasalanan at kung sino ang kasamahan sa
pagpatay. Hindi daw pwedeng gamiting evidence ng mga pulis yoon, kahit umamin na
yung nagkasala dahil galing sa ILLEGAL(Unlawful) procedure ang pagpapaamin.)

6. The right to be informed of the charges and cause of accusation. (Under of

Section 13) The accused person will be informed of the charges that he is charged with.
After the defendant is ARRESTED, BOOKED, AND BAIL APPEARANCE is completed,
the defendant will then be ARRAIGNED.
a. Arraignment: a hearing in which the defendant is formally charged, the
rights are read, and the court will appoint an attorney if the defendant doesn’t have one.
The defendant can also plead either GUILTY or NOT GUILTY.
7. Right of Compulsory Production of Witnesses and Evidence. (Under section
14) The accused has the right to demand other people who have evidence that would
be helpful for him to appear in court. The judge may issue the following:
a. Subpeona: a writ ordering a person to attend a court.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

b. Subpeona Duces Tecom: a writ ordering a person to attend a court

and bring relevant douments.
8. Right against Self-Incrimination (Section 17?). Self-incrimination is giving of
evidence that might tend to expose the witness to punishment for crime. Therefore, the
right against self-incrimination forbids a government from compelling any person to give
testimonial evidence that would likely incriminate him during a criminal case. It covers:
(1) Testimonial compulsion; (2) compulsion to produce real or physical evidence using
the body of the accused.
9. Right not to be detained by a reason of Political Beliefs & Aspirations (Section
18) To guarantee to the people that they can freely express their political beliefs and
aspirations without fear of arrest or prosecution which was denied during the time of
president Marcos. Political opponents were arrested and known to be “political
prisoners”.
10. Right against involuntary servitude (Section 18). Involuntary servitude refers
to compulsory service or simply modern day slavery. EXCEPTIONS:
a. Punishment of the crime
b. The case of personal, military, or civil service in defense of the State
c. In compliance to a return to work order issued by the Department of
Labor and Employment.
d. Army or naval enlistment.
e. Exercised by parents on children
11. The right against excessive fines (Section 19). Fines are the money imposed
by the court as a punishment for the crime. It is excessive if it is unreasonable and
beyond the limits prescribed by the law.
12. Right against cruel, degrading, inhumane punishment (Section 19).
13. Right to Bail. Bail is a cash, a bond, or property that an arrested person gives
to a court to ensure that he or she will appear in court when ordered to do so. If the
defendant did not show up, the court may keep the bail and issue a warrant for the
defendant’s arrest. Any person accused or detained has the right to invoke bail.
EXCEPT if the crime is punishable by Reclusion Perpetua (imprisonment of at least 20
years and one day to a maximum of 40 years.
14. Right against the infliction of death penalty (Section 19). 1987 Phil.
Constitution abolished that penalty and it was reduced to reclusion perpetua but with

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

reservation. The congress can still pass a law imposing death penalties for heinous
crimes(crimes that are evil and weakened like murder and rape)
15. Right against Double Jeopardy (Section 21). Double Jeopardy means a
person is twice put at the risk of conviction for the same act of offense. This means that
a person can only be charged once by court. LIMITATIONS:
a. It applies to criminal cases only
b. It does not protect defendants from multiple prosecutions for multiple
offenses.
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.

 Writ of Habeas Corpus (Also part of Section 1): is the Latin phrase which means you
may have the body. This is because the person who’s keeping you in jail literally has to
bring your body to the courthouse. It means that you have the right to make the
government prove to a judge that your arrest and detainment are justified.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

 If you feel that you are wrongfully imprisoned you can file a writ of Habeas Corpus which
is an official request to have your day in court.
 PURPOSE: To control the police and other governmental entities and make sure that
they don’t abuse their power. However, the following are some instances where the
privilege of Writ of Habeas Corpus is suspended:
a. Invasion of Rebellion
b. 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.

 Debt and Poll Tax: Article 3, Section 20 “ No person will be sent to jail because of
failure to pay a debt and poll tax”.
 LIMITATIONS:

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)

 lOMoARcPSD|25644368

1. The creditors can still bring to the court to demand and enforce payments of
your debts
2. If the person is guilty of Estafa: the crime of obtaining money dishonestly or by
trickery

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.

 Ex Post Facto Law: A law that applies to crimes that happened before the law was
passed. When it shall be applied:
a. If it makes a person a criminal because of an act that was not a crime when
committed.
b. Aggravates the crime or makes it greater when it was committed
c. Changes the punishment of a crime and inflicts greater punishment
d. Decreases the amount of evidence required for a conviction
 NOTE: It is only applicable in criminal cases

 Bill of Attainder: A legislative act that imposes punishment without a trial.

Downloaded by Hannah Wright (hannahwright1233123r@gmail.com)