Privileges and Rights of the Filipino

Citizen 
 BILL OF RIGHTS
Is 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 individual or
groups of individuals.
 TYPES OF RIGHTS
Natural rights
Constitutional rights
Statutory rights
 A. Natural rights

They are those rights possessed by

every citizen without being granted
by the State for they are given to
man by God as a human being
created to His image so that he may
live a happy life.
B. Constitutional Rights

They are part of the

fundamental law, they cannot
be modified or taken away by
the law –making body.
C. Statutory Rights

A rights which are provided by

laws promulgated by the law –
making body and, consequently,
may be abolished by the same
body.
 CLASSIFICATION OF
CONSTITUIONAL RIGHTS
Political rights
Civil rights
Social and economic right
Rights of the accused
A. Political Rights

They are such rights of the citizens

which give them the power to
participate, directly or indirectly, in
the establishment or administration
of the government.
B. Civil Rights
 They are those rights which the
law will enforce at the instance of
private individuals for the
purpose of securing to them the
enjoyment of their means of
happiness.
C. Social and Economic Rights
They include those right s
which are intended to insure
the well-being and economic
security of the individual.
D. Right of the Accused
They are the (civil) rights intended
for the protection of a person accused
of any crime, like the right to
presumption of innocence, right to a
speedy , impartial, and public trial ,
and the right against cruel ,
degrading, or inhuman punishment .
 ARTICLE 3
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.
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
A private individual can
arrest a criminal even
without a warrant, this is
called “
CITIZEN ARREST”.
Warrantless Arrest is allowed under the
following circumstances:
1. Flagrante Delicto (Caught in the
Act);
2. Hot Pursuit Operation;
3. Arrest of Fugitive.
Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

Warrantless Arrest
1. Flagrante Delicto (Caught in the Act)
 Person to be arrested is actually committing,
is attempting to commit an offense;
 Such commission is in the presence of the
arresting individual;
 Arresting individual has personal knowledge
of such commission.
Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

Warrantless Arrest

2. Hot Pursuit – Hot Pursuit 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.
 Warrantless Arrest
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.
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.
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.
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.
1. Freedom of Speech – means an individual is free
to speak or utter whatever he wants without prior
restraint.
2. Right to a Free Press – means an individual is
free to write, publish, and circulate whatever he
pleases without restraint.
3. Freedom of Assembly – refers mainly to peaceful
demonstrations related to public affairs.
4. The Right of Petition - to take up one’s grievances
with government without fear of persecution.
 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”.
 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.
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.
 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,
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.
Section 9.
Right to just compensation
Private property shall not be taken
for public use without just
compensation.

“Ang mga pribadong ariarian ay hindi

dapat kunin ukol sa gamit pambayan
nang walang wastong kabayaran.”
Section 10.
Non-impairment clause
No law impairing the obligation of
contracts* shall be passed.
“Hindi dapat magpatibay ng batas na sisira
sa pananagutan ng mga kontrata.”
*Obligation of contracts is the legal duty of the
contractors to fulfill the promise stated in the
contract. The reasonable capacity of a man to do, or
to refrain from doing something is considered before
questioning the obligation of contracts.
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.
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.
(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.
 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.
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.

Habeas corpus- protection against illegal imprisonment

 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.
Section 14. Right of the Accused

(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.
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.
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. Right against self-incrimination

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

Ex Post Facto Law – law which retroactively

affects the right or condition of an accused
who committed a crime prior to its
effectivity.
Bill of Attainder – punishment without a
judicial trial