Article III – Bill of Rights

Section 1No 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.

Section 2The 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. Section 3The 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. Section 4No 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 5No 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 6The 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 7The right of the people to information on matters of public concern shall be recognized. Access to official records, and the 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 8The 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. Section 9Private property shall not be taken for public use without just compensation.

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

Section 11Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 12Any 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.

Section 13All 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 14No person shall be held to answer for a criminal offense without due process of law.

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

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

Section 17No 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.

Right against detention solely by reason of political beliefs and aspirations.1. Incarceration without charges of “political prisoners”Upon the declaration of martial law on September 21, 1972 under Proclamation No.1081 of the then incumbent President, the military establishment carried out a nationwide arrest and detention of known political opponents and critics of the administration. Thousands of people were arrested and jailed during the whole period of martial rule for attacking certain acts and policies of the President, for exposing graft and corruption in the government (or even cracking jokes about its slogans) for criticizing the President and member of his family, for being members of cause-oriented and nationalist organizations, etc. many remained in incarceration for years without charges filed against them. They came to be known as “political prisoners” or “political detainess”.

Even after the lifting of martial law by Proclamation No. 2054 on January 17, 1981 up to February, 1986 “people power revolution,” the privilege of the writ of habeas corpus remained suspended “for the crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such crimes and for all other crimes and offenses committed x x x in connection therewith.” Many more were arrested and detained after the lifting of martial law, for denouncing, among others, the authoritarian rule of the President, human rights violations by the government, and enrichment in office of people close to the President and the First Lady, for advocating political, social and economic reforms, for espousing allegedly radical doctrines, or for participating in protest movements and demonstrations, or on mere suspicion of being subversives or communist sympathizers, and then charged with having committed crimes against national security and public order.

2. A guarantee against having “prisoners of conscience”The inclusion in the Constitution of the right against detention merely by reason of one’s political beliefs and aspirations is a response to these recent events in our history and manifests the great importance the framers attach to its protection. It is a positive declaration that within the democratic framework, the people, for example can freely speak of what they think is wrong with the government and its leaders, or seek changes in the government and its policies which they believe to be necessary or the removal of public officials unworthy of their trust. It is a guarantee that henceforth one can voice his contrary views and ideas about existing political and social order, that he can articulate his hopes and aspirations for the country, without peril to his liberty. It is a prohibition directed to the government against having “prisoners of conscience”.

Involuntary servitude denotes a condition of enforced, compulsory service of one to another. It has been applied to any service or labor which is not free, no matter under what form such service may have been rendered. It includes:

Slavery or the state of entire subjection of one person to the will of another; and

Peonage or the voluntary submission of a person (peon) to the will of another because of his debt.

The purpose is to maintain a system of completely free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for another’s benefit which is the essence of involuntary servitude. Human dignity is not a merchandise appropriate for commercial barters or business bargains. Fundamental freedoms are beyond the province of commerce or any other business enterprise.

Exceptions to prohibition

Not every form of forced labor is within the scope of the constitutional provision. Thus, the prohibition does not apply:a. When the involuntary servitude is imposed as a punishment for a crime whereof the party shall have been duly convicted (Sec. 18 [2].)b. When personal military or civil service is required of citizens for the defense of the State (Art. II, Sec. 4)c. To injunctions requiring striking laborers to return to work pending settlement of an industrial disputed. To exceptional services, such as military and naval enlistment. Thus, a statute punishing sailors who desert their ship do not contravene the constitutional provision. From immemorial usage, sailors may not leave their ships during a voyagee. To exercise by parents of their authority to require their children to perform reasonable amount of work; andf. When there is a proper exercise of the police power of the State. Thus, persons may be required to assists in the protection of the peace and order of the community, or to help build or repair public highways and streets.

Section 19Excessive fines shall not be imposed, nor cruel, 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.

Section 20No person shall be imprisoned for dept 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.

The right against double jeopardy means that 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 express consent of the accused, the latter cannot again be charged with the same or identical offense.

The guarantee protects against the peril of a second punishment as well as a second trial for the same offense.

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

An ex post facto law is one which, operating retrospectively:1. Makes an act done before the passage of a law, innocent when done, criminal, and punishes such act2. Aggravates a crime or makes it greater than when it was committed3. Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed4. Alters the legal rules of evidence, and receives less testimony than or different testimony from what the law required at the time of the commission of the offense, in order to convict the offender.

A bill of attainder is a legislative act which inflicts punishment without a judicial trial.

If the punishment is less than death, the act is called a bill of pains and penalties. It is included within the meaning of bill of attainder as used in the Constitution.