Preamble of 1987 Philippine Constitution

We, the sovereign Filipino people, imploring the aid of Almighty God, in order
to build a just and humane society, and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity, the
blessings of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and promulgate
this Constitution.

Bill of Rights
This is the set of rights and privileges of the citizens stipulated in the
Constitution. It is the protection of the Filipino people against the violations by
the government. It is a charter of liberties for the individual and a limitation
upon the power of the State.

The Importance of the Bill of Rights

1. it protects the citizen against the abusive power of the government
2. it outlines the what the citizens can do or cannot do
3. it marks the boundary between the citizens and the government
4. it is where the rights and privileges of the citizens are defined.
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, right to liberty, and right to property cannot be taken away from
anyone without due process.

Due process – a requirement that legal matters must be resolved according

to established rules, principles, and laws.

Equal protection of law – the government must treat every similarly

situated individuals in the same manner including the aliens of a country.

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.

Search – a process conducted by authorized officers to look for specific

items related to a crime.

Seizure – take possessions of items during the search.

A search and seizure are considered as unreasonable if it is conducted by the

police officer without a valid search warrant or warrant of arrest. However,
there is an exemption to this rule.

WARANTTLESS ARREST

1. In Flagrante Delicto (caught in the act)

 2. Hot Pursuit Arrest – the police officer should have personal
knowledge that the suspect committed a crime.

3. A prisoner who escaped from prison.

4. Citizen’s Arrest – a lawaful warrantless arrest performed by a civilian.

WARRANTLESS SEARCH

A police officer can search without a warrant in the following situation:

1. If there is a consent.

2. Exigent circumstances – it is legal to perform a warrantless search if the

police officer feels that the time to be consumed in issuing a warrant will lead
to loss of evidence or destruction of evidence.
3. Search Incident to Arrest – there is connection to the crime committed.
4. The Plain View Doctrine – the police officer can legally search the area if 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.

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

(Fruit of Poisonous Tree) – acquired evidence illegally as violation to right to

privacy.

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.

Section 4 ends when you start to violate the rights of another person.

Defamation – saying or writing something that about another person that

hurts/destroy their reputation.

 Libel – if the hurtful statement is made in writing and published.

 Slander – if the hurtful statement is spoken.

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.

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.

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, 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 the public
and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged.

The following documents can be disclosed to the public:

 Official records

 Documents and papers pertaining to official acts.

 Transactions and decisions

 Government research data.

The following documents can be disclosed to the public:

 Records involving the security of the State.

 Accounts about military intelligence funds.

 Trade secret and banking transaction.

Section 9. Private property shall not be taken for public use without just
compensation.

It is valid in the following cases:

 If the land taken is for public use.

 There is due process of law.

 There is just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

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.
(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 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.

Reclusion Perpetua – imprisonment of 20 years and a day to maximum of

40 years.

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 – “you may have the body.” The person who is
keeping you in jail should bring your body to the courthouse. This is your
right to hear the government prove that your arrest is justifiable. A person
can file a writ of habeas corpus if they feel they are wrongfully imprisoned.

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.

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.

Double Jeopardy - “when a person is charged with an offense and the case
is terminated either by acquittal or conviction or in any other manner without
the consent of the accused, the latter cannot again be charged with the
same or identical offense.”

Section 22. No ex post facto law or bill of attainder shall be enacted.

Ex post facto is a Latin phrase that literally means “from a thing done
afterward” and roughly translates to “after it is done” or “after the deed.” An
ex post facto law, then, is a law that in some way affects an act committed
before that specific law existed (typically by condemning or punishing it).