1987 Philippine Constitution Article III.

Bill of Rights
Bill of rights declaration and enumeration of a persons rights and privileges which the Constitution is designed to protect against violation by the government and other individuals. Classes of Rights 1. Natural rights right possessed by any person even without being granted by the state 2. Constitutional rights right granted and protected by the constitution 3. Statutory rights rights granted by the laws promulgated by the law-enacting bodies Section 1. Right to due process of law and equal protection 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 Due process process that hears before it condemns and proceeds upon inquiry and renders judgment only after trial. ***law/ right apply to every person within the territorial jurisdiction of the Philippines, including foreigners. Equal protection of the laws all persons subject to legislation should be treated alike. Limitations: 1. For the welfare of the public 2. Limited by the inherent powers of the state Section 2. Right against illegal search and illegal arrest 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 General rule: Search = Valid Search Warrant Arrest = Valid Warrant of Arrest Exemptions: Warrantless Search/ Search without a valid search warrant 1. Consented search 2. Search incidental to a lawful arrest 3. Search on ports of entry 4. Search on moving vehicles 5. Plain view doctrine Citizens arrest/ Warrantless arrest 1. In flagrante delicto caught in the act 2. Personal knowledge of the arresting officer 3. Escaped Prisoner Section 3. Right to Privacy of Communication 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 Right to privacy right to be left alone; free from undesired publicity and disclosure. Limitations: 1. Lawful order of the court; and 2. Public safety or order requires Fruit of the Poisonous Tree Doctrine Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding Section 4. Right of Expression 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 Speech and expression include any form of oral utterances, pictures, actions and the like Press includes any sort of publication Right to assembly right on the part of the citizen to meet peaceably for consultation Right to petition right of any person or group of persons to apply w/o fear any complaints or suggestion before the government offices Limitations: 1. Subject to regulation by the state for public safety, public health, public order and the like

2. Subject to regulation by the law/ court Section 5. Right to Choose a Religion and to Exercise Religious Beliefs 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 Religious freedom right of man to worship God or whomever or whatever he/she chooses to worship Aspects of Religious Freedom: 1. Freedom to believe absolute right of every individual to believe whatever they want to believe 2. Freedom to act this is not absolute; actions based on religious beliefs is limited Limitations (Same with Section 4) Section 6. Right of Abode and to Travel 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 ***It is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases w/o interference from any source. Limitations (Same with Section 4) Section 7. Right to Information on Matters of Public Concern 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 Scope of the Right: 1. Right embraces all public records 2. Limited to citizens only w/o prejudice to the right of aliens to have access to records of cases where they are litigants; and 3. Exercise of this right is limited by law Limitation: - Public records related to national security and other records which are confidential in nature cannot be given to anybody who request for it

Writ of Habeas Data judicial remedy available to any individual whose right to privacy in life, liberty and security is violated or threatened by an unlawful act or omission of public official or employee Section 8. Right to Form Associations 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 ***Freedom to organize or to be a member of any group or association, union or society and to adopt the rules which the members judge most appropriate to achieve their purpose Limitation: Purpose must not be contrary to law Section 9. Right to Property Private property shall not be taken for public use without just compensation Eminent domain right/ power of the state to take private property for public use upon paying to the owner a just compensation Limitations: 1. Must be for public use 2. Payment of just compensation 3. Observance of due process of law Section 10. Non-Impairment of Contract No law impairing the obligation of contracts shall be passed Obligation of a contract law or duty which binds the parties to perform their agreement according to its terms or intent Limitation: Contract must not be contrary to law, morals, good custom, public order or public policy. Contracts are impaired = when its terms or conditions are changed by law or by a party without the consent of the other Section 11. Right to Free Access to Courts and QuasiJudicial Bodies Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty ***One of the right of the accused is to have adequate legal assistance. To have adequate legal assistance, the accused must have the right to enter the courts or any quasi-judicial bodies. ***Poverty is not a reason to deny the person the right to access the courts.