THE 1987 III
REPUBLIC
ARTICLE
CONSTITUTION
OF THE PHILIPPINES
OF THE–
ARTICLE III
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE – ARTICLE III
THE 1987 CONSTITUTION
REPUBLIC
ARTIC
OF THE PHILIPPINES
OF THE–
BILL OF RIGHTS
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.
Explanations: This clause ensures that the government cannot deprive any person of their
life, liberty, or property without following proper legal procedures. It guarantees that
individuals have the right to notice and a fair opportunity to be heard before being deprived
of their fundamental rights. Due process generally requires fairness and adherence to
established rules and principles in legal proceedings.
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.
Explanations: It ensures that people have the right to be secure in their persons, houses,
papers, and effects. This means that individuals have a reasonable expectation of privacy
in these areas, and the government cannot conduct searches or seizures without a valid
reason. In general, a search warrant is necessary for a search or seizure to be considered
lawful. A search warrant is a court order issued by a judge, based on probable cause, which
authorizes law enforcement to conduct a search of a specific location or seize certain items.
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.
Explanations: This means that individuals have a right to keep their communications and
personal correspondence private. It ensures that people can freely express themselves,
share information, and communicate with others without undue interference or
surveillance. It also implies that the privacy of communication and correspondence can be
violated, but only under certain circumstances and through a legal process. If a court issues
a lawful order, it may authorize the interception or monitoring of communication in specific
cases, such as during a criminal investigation, to prevent harm, or to gather evidence.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Explanations: This refers to evidence that has been acquired through actions that violate
the specific section of law mentioned or the section immediately preceding it. The content
of these sections may vary depending on the jurisdiction and the specific l egal context in
which the exclusionary rule is being applied.
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.
Explanations: This means that individuals have the right to express their opinions, ideas,
and beliefs without fear of government censorship or punishment. It encompasses verbal,
written, symbolic, and expressive forms of communication. This broader concept includes
various forms of communication and artistic expression, such as artwork, music,
performances, and non-verbal gestures. It protects the right to express oneself and convey
ideas or emotions through different mediums. This guarantees the right of journalists,
media organizations, and individuals to gather, report, publish, and disseminate
information and opinions without undue interference from the government. It upholds the
principle of a free and independent press, which plays a vital role in informing the public
and fostering an open and democratic society.
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.
Explanations: The Establishment Clause prohibits the government from establishing an
official religion or giving preferential treatment to any particular religion. It ensures the
separation of church and state, preventing the government from endorsing or promoting
any specific religious beliefs. This clause aims to maintain religious neutrality and
safeguard religious freedom for all individuals.
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.
Explanations: This means that individuals have the freedom to choose where they want to
live and can change their place of residence, as long as they stay within the limits set by
the law. The government cannot arbitrarily restrict or take away this freedom, except when
a court issues a lawful order. In other words, if there is a legal reason supported by proper
judicial authorization, the liberty of abode can be limited or restricted.
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.
Explanations: The purpose behind recognizing the right to information is to promote
transparency, accountability, and public participation in governance. By allowing cit izens
access to official records, documents, papers, and research data, governments aim to ensure
that information relevant to public affairs is available to the people. This empowers
individuals to make informed decisions, engage in public discourse, and hold public
officials accountable for their actions.
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.
Explanations: The purpose of forming these unions, associations, or societies can vary
depending on the specific needs and interests of the individuals involved. Generally, they
are created to promote and protect the rights and interests of their members, such as
advocating for better working conditions, higher wages, improved benefits, and job
security. These organizations can also serve as platforms for collective bargaining with
employers, allowing employees to negotiate as a group for their rights and w elfare.
Section 9. Private property shall not be taken for public use without just compensation.
Explanations: This means that the government cannot take someone's private property and
use it for a public purpose without providing fair compensation to the owner.
Section 10. No law impairing the obligation of contracts shall be passed.
Explanations: The Contracts Clause is designed to protect the sanctity and stability of
contractual agreements. Its purpose is to ensure that once two parties enter into a leg ally
binding contract, the terms and obligations of that contract cannot be altered or impaired
by subsequent legislation.
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.
Explanations: The principle that free access to the courts and quasi-judicial bodies, as well
as adequate legal assistance, shall not be denied to any person by reason of poverty is
rooted in the concept of equal access to justice. It ensures that individuals, regardless of
their financial means, have the opportunity to seek justice, protect their rights, and
participate in legal proceedings.
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.
Explanations: The person has the right to refuse to answer any questions or provide self incriminating information and also to refuse to answer any questions or provide selfincriminating information. This right is important to protect individuals from being
compelled to testify against themselves or to protect individuals from being compelled to
testify against themselves.
(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.
Explanations: This provision ensures that individuals who are accused of a crime have the
right to be released from custody pending trial, as long as they meet certain conditions. The
right to bail generally applies to all persons except those charged with offenses punishable
by reclusion perpetua (a life sentence) when there is strong evidence of guilt.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.
Explanations: The principle is commonly known as the right to due process of law, and it
is a fundamental aspect of legal systems in many countries. Due process ensures that
individuals accused of committing a crime are treated fairly and have certain rights and
protections throughout the legal process.
(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.
Explanations: The accused is presumed innocent until proven guilty and has the right to
present their case and to have legal representation by an attorney of their choice while
they must be informed of the specific charges brought against them, enabling them to
understand the allegations they are facing. This means that the burden of proof rests on the
prosecution to establish the guilt of the accused beyond a reasonable doubt and ensures that
the accused can adequately defend themselves and have a fair trial.
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.
Explanations: The privilege of the writ of habeas corpus is a fundamental legal right that
protects individuals from unlawful or arbitrary detention. It allows a person who is in
custody to challenge the legality of their detention and seek release if it is found to be
unlawful. However, there are circumstances under which the privilege of the writ of habeas
corpus can be suspended.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Explanations: The right to a speedy disposition of cases is a fundamental principle of
justice that ensures timely and efficient resolution of legal matters. It guarantees that
individuals involved in legal proceedings, whether they are before a judicial, quasi -judicial,
or administrative body, have their cases addressed promptly and without unnecessary
delays.
Section 17. No person shall be compelled to be a witness against himself.
Explanations: The basic idea behind this principle is that an individual should not be forced
to provide evidence or testify against themselves in a criminal case. It recognizes that
individuals have the right to remain silent and not be compelled to provide information that
may incriminate them or expose them to criminal liability.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
Explanations: This statement emphasizes the principle of protecting individuals from being
unlawfully imprisoned or detained based solely on their political beliefs or aspirations.
This principle is a fundamental aspect of human rights and is enshrined in v arious
international and national legal frameworks.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted
Explanations: This means that slavery or any form of forced labor is prohibited in the
Philippines, except as a form of punishment for individuals who have been convicted of a
crime. This provision ensures the protection of individual freedom and dignity by
preventing the imposition of involuntary labor, servitude, or slavery.
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.
Explanations: It is specifically referring to the prohibition of excessive fines, cruel or
degrading punishment, and the imposition of the death penalty unless certain conditions
are met.
(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.
Explanations: The statement refers to the prohibition of certain practices related to the
treatment of prisoners or detainees, as well as the requirement for penal facilities to meet
adequate standards.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Explanations: It is a legal principle that protects individuals from being incarcerated as a
result of being unable to pay a debt or a poll tax. It is often enshrined in laws or
constitutional provisions to safeguard people from excessive punishment and ensure ba sic
human rights.
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.
Explanations: The principle means that once an individual has been either convicted or
acquitted (found not guilty) of a particular offense, they cannot be tried again for the same
offense in the future. In other words, they cannot be subjected to multiple prosecutions for
the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Explanations: This principle prohibits the enactment of laws that retroactively criminalize
an act or increase the punishment for an act after it has been committed. In simpler terms,
it means that individuals cannot be charged with a crime or punished for an action that was
legal when they performed it but later became illegal. A bill of attainder is a legislative act
that declares a specific person or group guilty of a crime without a trial. It essentially
bypasses the judicial process and directly punishes individuals or imposes penalties on
them.