This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights and sections 12-22 which cover rights of the accused. It then explains the three fundamental powers of the state: police power, power of eminent domain, and power of taxation. It provides a Supreme Court case that discusses when a suit is considered against the state. It concludes with a summary of limitations on bill of rights and instances when a suit against the state is proper.

1. BILL OF RIGHTS
Prepared by Raizza Corpuz

2. Bill of Rights
Section 1-11: It focuses on the RIGHTS of the PEOPLE
Section 12-22: Rights of the accused, an implication
of historical array during Martial Law ( 1987
Constitution)

3. “It is better to free the guilty than to
imprison the innocent one”

4. Fundamental Power of the
State
General Principles:
The inherent powers of the State are
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

5. Test to determine if suit is
against the State
In Tan vs. Director of Forestry (125 SCRA 302), the
Supreme Court said that State immunity from
suit may be invoked as long as the suit really
affects the property, rights or interests of the
State and not merely those of the officers
nominally made party defendants. In this case,
the promotion of public welfare and the
protection of the inhabitants near the public
forest are property rights and interests of the
State.

6. Limitations
Generally, the Bill of Rights, although in some cases the
exercise of the power prevails over specific
constitutional guarantees.
The courts may annul the negligent exercise of Police
Power

7. What are the instances when a suit
against the State is proper?
In Republic vs. Sandoval, 220 SCRA 124, March 19,
1993, some instances when a suit against the state
is proper are:
1. When the Republic is sued by name;
2. When the suit is against an unincorporated
government agency;
3. When the suit is on its face against a government
officer but the case is such that ultimate liability
will belong not to the officer but to the
government.

8. Police Power
The power of promoting public welfare by restraining and
regulating the use of liberty and property.
It is the exercise of the sovereign right of a government to
promote order, safety, security, health, morals and general
welfare within constitutional limits and is an essential attribute
of government.
It is the most pervasive; the least limitable, and the most
demanding of the three powers. The justification is found in
Latin maxims:
Salus populi est suprema lex (the welfare of the people is the
supreme law
Sic utere tuo ut alienum non laedas (so use your own property as
not to injure another property)

9. Who may exercise the power?
The power is inherently vested in the legislature.
However, Congress may validly delegate this power
to the President, to administrative bodies, and to
lawmaking bodies of local government units.

10. Bill of rights:
• designed to preserve the ideals of liberty, equality
and security against the assaults of opportunism,
(PBM Employees Organization v. Phil. Blooming
Mills, 51 SCRA 189 (Nachura, 2009)
Civil Rights- belong to everyone
Political Rights-to participate directly or indirectly.

11. Concept :
• A bill of rights may be defined as a declaration and
enumeration of a person’s rights and privileges which
the Constitution is designed to protect against
violations by the government, or by an individual or
groups of individual
Its basis is the social importance accorded to the
individual in a democratic or republican state, the
belief that every human being has intrinsic dignity
and worth which must be respected and safeguarded.

12. 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.
ANALYSIS:
Right to LIFE, LIBERTY and PROPERTY,:
1.“Any deprivation of life, liberty, and property by the State is
with due process if it is done (1) under the authority of a
law that is valid or of Constitutional itself, and (2) after
compliance with fair and reasonable methods of procedure
prescribed by law.”
2.The term “person” in section 1 embraces all persons within
the territorial jurisdiction of the Philippines, without regard
to any difference of race, color, or nationality, including
aliens.

13. Natural person refers to a real human being
Juridical person A juristic or juridical person is an
artificial entity through which the law allows a
group of natural persons to act as if it were a single
composite individual for certain purposes, or in
some jurisdictions, for a single person to have a
separate legal personality other than their own.

14. This legal fiction does not mean these entities are
human beings, but rather means that the law
recognizes them and allows them to act as natural
persons for some purposes—most commonly
lawsuits, property ownership, and contracts.
The concept goes by many names, including corporate
personhood. A juristic person is sometimes called a
legal person, artificial person, or legal entity (although
the last term is sometimes understood to include
natural persons as well).

15. Life, as protected by due process of law, means 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, as protected by due process of law, denotes not
merely freedom from physical restraint. It also embraces
the right of man to use his faculties with which he has
been endowed by his Creator subject only to the
limitations that he does not violate the law or rights of
others.
Property, as protected by due process of law, may refer to
the thing itself or to the right over a thing. The
constitutional provision, however, has reference more to
the rights over the thing. It includes the right to own, use,
transmit and even to destroy, subject to the right of the
State and of other persons.

16. •Equal protection of the laws signifies
that “all persons subject to legislation should be
treated alike, under like circumstances and
conditions both in the privileges conferred and
liabilities imposed.”

17. 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.

18. • The purpose of Section-II is to protect the privacy
and the sanctity of the person and of his house and
other possessions (papers, documents, effects, etc.)
found therein against arbitrary intrusions by agents
of the state.

19. The written order to take a person in
custody in order that he may be
bound to answer for the commission
of an offense, is called a warrant of
arrest.
Search Warrant – is an order in writing,
issued in the name of the people of the
Republic of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for a certain
personal property and bring it before the
court.

20.  A Valid Search Warrant and warrant of Arrest must
have Probable Cause.
Probable Cause – means there are facts and
circumstances attending the issuance of warrant
sufficient to induce a prudent and cautious judge to
rely on them.
The Probable Cause must be determined personally by the judge.
The Warrant must particularly describe the place to be searched, or the
person or things to be seized.

21. Who issue and serve
Warrant ?
•The JUDGE issue a warrant of
arrest or the search warrant
•The POLICE OFFICER serve a
warrant arrest or the search
warrant.

22.  Search and Seizures can be made without Warrant in
the following instances:
a. When there is consent or waiver – that is if a Peace
Officer has been granted consent to enter the premise of
another for the purpose of search and seizure;
b. Where search is an incident to a lawful arrest – say, a
pickpocket caught in flagrante delicto, can be searched
for his loot;
c. When an officer making the search has reasonable cause
to conduct it in a vehicle believed to be containing
contraband or forfeited goods – because the vehicle can
get away before a warrant is secured.
d. When the possession of articles prohibited by law is
disclosed to plain view (plain view rule)

23. • A private individual can arrest a criminal even
without a wa “CITIZEN ARREST”.
• Warrantless Arrest
Warrantless Arrest is allowed under the following
circumstances:
1.Flagrante Delicto (Caught in the Act);--
2.Hot Pursuit Operation;
3.Arrest of Fugitive.

24. 1. Flagrante Delicto (Caught in the Act);--
-----Person to be arrested has committed, is actually
committing, is attempting to commit an offense
2. Hot Pursuit Operation;
----- Arrest takes effect when a crime has just in fact been committed and the
arresting officer or private individual has probable cause to believe
based on personal facts or circumstances that the person to be arrested
has committed it.
3. Arrest of Fugitive
----- When a person to be arrested is a prisoner who 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.

25. Section 3
• 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.”
Explanation:
Every person has the right to keep his communication or
correspondence a secret. His communication with others by
phone or by letter is a personal or private matter that
nobody should intrude upon.
But this right can be lawfully suspended upon order of the
court if the safety and security of the people is at stake.

26. EXEMPLIFIED
ILLUSTRATION
• A telephone conversation between two (2) drug
pushers secretly recorded by police officers by
tapping its wire without court order is not
acceptable. As evidence in court due to the privacy
of communication enshrined in the Philippine
Constitution. However, recording of conversation
through telephone extension is not a violation of
the Anti-Wire Tapping Law.

27. 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.”
Filipino Translation:
• Hindi dapat magpatibay ng batas na nagbabawas sa
kalayaan sa pananalita, pagpapahayag, o ng pamamahayag,
o sa karapatan ng mga taong-bayan na mapayapang
makapag-tipon at magpetisyon sa pamahalaan upang
ilahad ang kanilang mga karaingan.”

28. Four (4) Important Rights
Embodied in Article III, Section 4:
1. Freedom of Speech;
2. Right to a Free Press;
3. Freedom of Assembly;
4. The Right of Petition.
 Freedom of Speech is not absolute, neither is a
Free Press.
Limitations to Freedom of Speech
i. Severe calumny;
ii. Anything lewd or obscene;
iii. Anything that provokes violence or disorder;
iv. Seditious messages;
v. “Clear and present danger”.

29. Forms of Calumny
1. Libel - untruthful information/character assassination in
written, and using print or broadcast media.
2. Slander - spoken untruthful information / character
assassination .
• Clear and Present Danger – if the uttered threat
seems serious (i.e. the intent appears to be serious),
immediate, grave and realistic.
i. Severe calumny - untruthful information /
character assassination .
Libel –written
Slander - verbal

30. 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 tests shall be allowed for the exercise of civil or
political rights..”
Filipino Translation:
• “Hindi dapat bawalan ang kalayaan sa paninirahan at ang
pagbabago ng tirahan sa saklaw ng mga katakdaang
itinatadhana ng batas maliban sa legal na utos ng hukuman.
Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban
kun para sa kapakanan ng kapanatagan ng bansa, kaligtasang
pambayan, o kalusugang pambayan ayon sa maaaring
itadhana ng batas.”

31. 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. The right to
travel shall not impaired except in the
interest of national security, public
safety, or public health, as may be
provided by law ”

32. Section 6
• Hindi dapat bawalan ang kalayaan sa paninirahan
at ang pagbabago ng tirahan sa saklaw ng mga
katakdaang itinatadhana ng batas maliban sa legal
na utos ng hukuman. Ni hindi dapat bawalan ang
karapatan sa paglalakbay maliban kun para sa
kapakanan ng kapanatagan ng bansa, kaligtasang
pambayan, o kalusugang pambayan ayon sa
maaaring itadhana ng batas.”

33. 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 to the citizens, subject to such limitations as may be provided by
law.”
Filipino Translation:
• Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa
mga bagay-bagay na may kinalaman sa tanan. Ang kaalaman sa mga
opisyal na rekord, at sa mga dokumento at papeles tungkol sa mga opisyal
na gawain, transaksyon, o pasya, gayon din sa mga datos sa pananaliksik
ng pamahalaan na pinagbabatayan ng patakaran sa pagpapaunlad ay
dapat ibigay sa mamamayan sa ilalim ng mga katakdaang maaaring
itadhana ng batas”.

34. • Freedom of the Press and freedom of access to information
bearing on governmental decision are fundamental
elements of Popular Sovereignty”.
People have access to public records such as records of a case
in court subject to reasonable rules and regulations, except
when it is very clear that the purpose of examination of
public record is unlawful, sheer or idle curiosity. It is not the
duty of the custodians of the records to concern themselves
with the motives, reasons, and objects of the person seeking
access to such documents or information.

35. Section 8 ( The Right to Form
Union
• 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.”
Filipino Translation:
“Hindi dapat hadlangan ang karapatan ng mga
taong-bayan kabilang ang mga naglilingkod sa
publiko at pribadong sektor na magtatag ng mga
asosasyon, mga unyon, o mga kapisanan sa mga
layuning hindi lalabag sa batas.”

36. • Unionism is a necessity to place employees or labor sectors to
the bargaining levels same as that of their employers in
relation to negotiations of terms and conditions of
employment. However, while employees in the public sector
may form a union, they are not entitled to stage strike to press
their demands to improve the terms and conditions of their
employment.”
Reason:
• Under the constitution, no money from the National Treasury
shall be spent except in accordance with appropriation by law.
Improving the economic conditions of employees in the public
sector requires spending of public money. Change in the terms
of government employees can only be realized through law.”

37. Question:: If a public and private company has required every
employee to sign an agreement as part of his employment
contract – that he will not join any labor unions, societies or
associations, does this constitutes violation of Art. III, Sec. 8 of
the Philippine Constitution?
Answer:
Yes. It is a form of unfair labor practice.
Commentary:
If public employees are prohibited to go on strike, the essence of
forming unions in government entities show lack of logic. It is
also a clear suppression to their right for redress of grievances.
Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine
Constitution.

38. Section 9 ( Right to Just
Compensation)
• “Private property shall not be taken for public use
without just compensation.”
Filipino Translation:
Ang mga pribadong ariarian ay hindi dapat kunin
ukol sa gamit pambayan nang walang wastong
kabayaran.”

39. • This is in connection with the inherent rights of the
state, specifically, the Right of Eminent
Domain.
• Just compensation - the amount to be paid for the
expropriated property shall be determined by the
proper court, based on the fair market-value at the
time of the taking.

40. Section-10
(Non-Impairment Clause)
• “No law impairing the obligation of contracts shall be
passed.”
• Filipino Translation:
• “Hindi dapat magpatibay ng batas na sisira sa pananagutan
ng mga kontrata.”
 Discusses the “sanctity” of contracts and obligations;
 Laws affecting contracts cannot be applied retroactively;
 all contracts illegal in nature are non-binding.

41. Note:
•A contract is a meeting of minds between parties
with respect to rendition of service or performance
of obligation to give something, Government is
prohibited from interfering with agreement of
parties since it is considered as a law between the
contracting parties.

42. Article-III, Section-11
(Free Access to Court)
“Free access to courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.”
 Filipino Translation:
“Hindi dapat ipagkait sa sinumang tao ang
malayang pagdulog sa mga hukuman at sa mga
kalupunang mala-panghukuman at sa sapat na
tulong pambatas nang dahil sa karalitaan.”

43. Article-III, Section-11
(Free Access to Court)
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,
respectively.

44. Article-III, Section-11
(Free Access to Court)
 The Integrated Bar of the Philippines (IBP)
is giving free legal assistance to
underprivileged litigants.
 A person who, due to poverty, cannot pay
docket fee in civil case may apply in court to
file his case as a pauper litigant.

45. Article-III, Section-12
(Right of Person under Custodial Investigation)
(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.”

46. Article-III, Section-12
(Right of Person under Custodial Investigation)
(1) “Ang sinumang tao na na ini-imbistigahan dahil
sa paglabag ay dapat magkaroon ng karapatang
mapaliwanagan ng kanyang karapatang
magsawalang-kibo at magkaroon ng abogadong
may sapat na kakayahan at kanyang personal na
pinili. Kung hindi niya makakayanan ang
paglilingkod ng abogado, kinakailangang
pagkalooban siya ng isa. Hindi maiuurong ang
mga karapatang ito maliban kung nakasulat at sa
harap ng abogado.”

47. Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “No torture, force, violence, threat, intimidation,
or any other means which vitiate the free shall be
used against him. Secret detention places, solitary,
incommunicado or other similar forms of detention
are prohibited.”

48. Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “Hindi siya dapat gamitan ng labis na pagpapahirap,
pwersa, dahas, pananakot, pagbabanta, o anumang
paraaan na lalabag sa kanyang malayang pagpapasya.
Ipinagbabawal ang mga lihim na kulungan, solitaryo,
ingkomunikado, o iba pang katulad ng anyo ng
detensyon.”

49. Article-III, Section-12
(Right of Person under Custodial Investigation)
(3) “Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.”
(3) “Hindi dapat tanggaping ebidensya laban sa
kanya ang anumang pagtatapat o pag-amin na
nakuha nang labag sa seksyong ito o sa seksyong
labing-pito.”

50. Article-III, Section-12
(Right of Person under Custodial Investigation)
(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.”

51. Article-III, Section-12
(Right of Person under Custodial Investigation)
(4) “Dapat magtadhana ang batas ng mga
kaparusahang penal at sibil sa mga paglabag sa
seksyong ito at gayundin ng bayad-pinsala at
rehabilitasyon sa mga biktima ng labis na mga
paghihirap o katulad ng mga nakagawian, at sa
kanilang mga pamilya.”

52. Article-III, Section-12
(Right of Person under Custodial Investigation)
This section stresses the following:
1. Miranda Rights/Rules;
2. Permissible use of Police Power;
3. Admissible confessions; and
4. The right to redress in the event of a
violation of these rights.

53. Article-III, Section-12
(Right of Person under Custodial Investigation)
Miranda Rights/Rules - provides that before a
person under a custodial investigation is
questioned, he must be informed of the following:
1. The right to remain silent;
2. Anything he says can and will be used
against him in the court; and
3. The right of a counsel and that if he cannot
afford one, the government will provide for
him.

54. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
“All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable
by sufficient securities, 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.”

55. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
 Filipino Translation:
“Ang lahat ng mga tao, maliban sa mga nahahabla sa mga
paglabag na pinarurusahan ng reclusion perpetua kapag
matibay ang ebidensya ng pagkakasala, bago mahatulan,
ay dapat mapiyansahan ng sapat ng pyador, o maaaring
palayain sa bisa ng panagot ayon sa maaaring itadhana ng
batas. Hindi dapat bawalan ang karapatan sa piyansa kahit
na suspendido ang pribilehiyo ng writ of habeas corpus.
Hindi dapat kailanganin ang malabis na piyansa.”

56. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Bail – is the security (usually a deposit of money)
required by a court for the temporary release of a
person who is in the custody of the law provided
that his appearance in trials may be ensured.
Excessive Bail – is prohibited because that is the
same as denying the right to post bail.

57. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Writ of Habeas Corpus
1.is an order issued by a court of competent jurisdiction, directed
to the person detaining another, commanding him to produce the
body of the prisoner at a designated time and place and to show
sufficient cause for holding in custody the individual so detained.
2.an action that protects an individual from unlawful detention.
3. It prevents an agency from holding an individual without reason
4.A literal translation of habeas corpus found in many legal
textbooks is “you (shall) have the body.”

58. • A literal translation of “habeas” could be “may you
have” or possibly “let you have.” The “shall” in quotes
is used to indicate a theoretical or ideal state for
which the subjunctive is used in both Latin and
English.
“Corpus” is accusative here because it is the direct
object of the verb “habeas;” it indicates what should
or may be “had.” So, a translation of “habeas corpus”
that follows more closely the rules of Classical Latin
can be “may you have the body” or “let you have the
body.”

59. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Non-Bailable Crimes
1.Kidnapping;
2.Murder;
3.Rape;
4.Drug-Pushing;
5.Carnapping;
6.Or Crimes Under the Heinous Crime Law, Plunder
Law and Dangerous Drugs Law.

60. Article-III, Section-14
(Rights of the Accused)
(1) “No person shall be held to answer for a criminal
offense without due process of law. In all criminal
prosecutions, the accused shall be presumed
innocent until the contrary is proved.”
(1) “Hindi dapat papanagutin sa pagkakasalang
kriminal ang sinumang tao nang hindi kaparaanan
ng batas. Ang mga akusado ay itinuturing na
inosente hangga’t hindi napapatunayan.”

61. Article-III, Section-14
(Rights of the Accused)
(2) “In all criminal prosecutions, 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 justifiable.”

62. Article-III, Section-14
(Right of the Accused)
 Filipino Translation:
(2) “Ang nasasakdal ay dapat magtamasa ng
karapatang magmatwid sa pamamagitan ng sarili at ng
abogado, mapaliwanagan ng uri at dahilan ng sakdal
laban sa kanya, magkaroon ng mabilis, walang
kinikilingan, at hayagan paglitis, makaharap ang mga
testigo, magkaroon ng sapilitang kaparaanan upang
matiyak ang pagharap ng mga testigo sa paglilitaw ng
ebidensyang para sa kanyang kapakanan. Gayunman,
matapos mabasa ang sakdal, maaring ituloy ang
paglilitis kahit wala ang nasasakdal sa pasubaling
marapat na naipaalam sa kanya ang paglilitis sat di-
makatwiran ang kanyang kabiguang humarap.”

63. Article-III, Section-14
(Right of the Accused)
 This Section Observes the Following:
1. Right to Due Process of Law in Criminal Cases;
2. Innocent Until Proven Guilty;
3. The Right to Confront One’s Accuser; and
4. Basis for Trials in Absentia.

64. References:
Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City
Metro Manila
Excerpt: Lecture of Mr. John Torres – Philippine Government and
Constitution Social Science-I
Discourses on the 1987 Philippine Constitution by Reynaldo S.
Naguit;
Politics, Governance and Government with Philippine
Constitution, Second Edition by Roman R. Dannug and Marlo
B. Campanilla;
Revised Penal Code of the Philippines;
Supreme Court Decided Cases;
Philippine Criminal Law Reviewer;
Civil Code of the Philippines