THE NATURE AND CONCEPT OF HUMAN RIGHTS

The concept may be problematic in the Philippines but human rights are a vital
component of most modern democracies.

Human rights allow a person to live with dignity and in peace, away from the abuses that can
be inflicted by abusive institutions or individuals. But the fact remains that there are rampant
human rights violations around the world.

To further promote the importance of human rights in the Philippines, December 4 to 10 of

each year is marked as National Human Rights Consciousness Week via Republic Act No. 9201.

December 10 is also considered as the United Nations Human Rights Day. It commemorates the
day the UN General Assembly adopted the Universal Declaration of Human Rights in 1948.

But do we really know our human rights?

 What are human rights?

Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms that aim
to protect people from political, legal, and social abuses.

The United Nations (UN) defines human rights as universal and inalienable, interdependent and
indivisible, and equal and non-discriminatory.

 Universal and inalienable:

Human rights belong to all and cannot be taken away unless specific situations call for
it. However, the deprivation of a person's right is subject to due process.

 Interdependent and indivisible:

Whatever happens to even one right – fulfillment or violation – can directly affect the
others.

 Equal and non-discriminatory:

Human rights protect all people regardless of race, nationality, gender, religion, and
political leaning, among others. They should be respected without prejudice.

Human rights can also be classified under individual, collective, civil, political, economic and
social, and cultural.

2. What laws or legal documents ensure the human rights of Filipino citizens?

The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called
the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights and privileges
that the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are also guided by the UN's
International Bill of Human Rights – a consolidation of 3 legal documents including
the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural
Rights (ICESCR).

As one of the signatories of these legal documents, the Philippines is obliged to recognize and
apply appropriate laws to ensure each right’s fulfillment.

This is not always the case, however, as the Philippine Constitution lacks explicit laws to further
cement specific human rights in the local context.

For example, the Right to Adequate Food may be included in the UNDR but it is not explicitly
indicated in the Philippine Constitution. Thus the government cannot be held responsible if this
is not attained. (READ: Zero Hunger: Holding gov’t accountable)

3. Who oversees the fulfillment and protection of human rights in the Philippines?

Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights.

In the Philippines, the Commission on Human Rights (CHR) primarily handles the investigations
of human rights violations. However, it has no power to resolve issues as stated in the Supreme
Court decision in 1991.

Established in 1986 during the administration of President Corazon Aquino, CHR is an

independent body which ensures the protection of human rights guaranteed by the Bill of
Rights.

Aside from investigations, it also provides assistance and legal measures for the protection of
human rights guided by Section 18 Article XIII of the Philippine Constitution.

4. Do criminals or those who break the law still enjoy human rights?

Criminals or those in conflict with the law are still protected by rights as indicated in many legal
documents such as the Philippines’ Criminal Code and UN’s Standard Minimum Rules for the
Treatment of Prisoners.

Specific human rights, however, may be removed, provided they go through due process
beforehand.

In 2002, the CHR issued an advisory after the debate sparked by Davao City Mayor Rodrigo
Duterte's statement during a crime summit in Manila. He said extra-judicial or summary killings
remain "the most effective way to crush kidnapping and illicit drugs."

However, according to the CHR, summary or extra-judicial executions of criminals or suspects

are prohibited under the Philippine Constitution as these violate several sections such as Article
III Section 1, which states that “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."

5. UNITED NATION’S DEFINITION

 Human Rights

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to
work and education, and many more.  Everyone is entitled to these rights, without
discrimination.

 Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into force in 1976.
The human rights that the Covenant seeks to promote and protect include:

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;

 the right to education and the enjoyment of benefits of cultural freedom and scientific
progress.

 Civil and political rights

The International Covenant on Civil and Political Rights and its First Optional
Protocol entered into force in 1976. The Second Optional Protocol was adopted in 1989.

 The Covenant deals with such rights as freedom of movement; equality before the
law; the right to a fair trial and presumption of innocence; freedom of thought,
conscience and religion; freedom of opinion and expression; peaceful assembly;
freedom of association; participation in public affairs and elections; and protection of
minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading
treatment or punishment; slavery and forced labour; arbitrary arrest or detention;
arbitrary interference with privacy; war propaganda; discrimination; and advocacy of
racial or religious hatred.
Constitutional provision on Human Rights in the Philippines

Article III enumerates specific protections against the abuse of state power,
most of which are similar to the provisions of the U.S. Constitution. Some
essential provisions are:

 a right to due process and equal protection of law

 a right against searches and seizures without a warrant issued by a

judge

 a right to privacy

 The right to freedom of speech and expression, freedom of the

press, freedom of assembly, and the right to petition

 The free exercise of religion

 a right of abode and the right to travel

 a right to information on matters of public concern

 a right to form associations

 a right of free access to courts

 the right to remain silent and to have competent legal counsel

 a right to bail and against excessive bail conditions

 a right to habeas corpus

 the right to a speedy trial

 the right against self-incrimination

 the right to political beliefs and aspirations

 a prohibition against cruel, degrading, or inhuman punishment

 protection providing for no imprisonment for debt

 the right against double jeopardy

  prohibition of ex post facto laws and bills of attainder.

THE HUMAN AND PEOPLES' RIGHTS DECLARATION OF THE PHILIPPINES

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and
respect for these basic rights should be guaranteed, protected and upheld by the State.

2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and
as members of communities and ensure their capacity for self-development. The State should
formulate policies, enact laws and provide mechanisms that are in conformity with universal
human rights standards.

3. The State has the obligation to provide the highest standard of living for its citizens by
eradicating social, economic, political, cultural, ethnic and gender inequalities. In the
determination and implementation of laws and policies, the government must always respect
and consider the concerns of women, children and youth, persons with disabilities, the mentally
challenged, older persons, indigenous and Moro peoples, the urban and rural poor, farmers and
fisherfolk, workers - local and overseas, public or private, whether formally employed or not,
displaced families and communities and other vulnerable sectors, with the view to ensuring
their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect and
tolerance. The State must respect and promote harmony and understanding between and
among individuals, communities and peoples. It must uphold non-discrimination among peoples
regardless of age, race, ethnicity, religion, gender, physical ability, sexual orientation, social
beliefs and political convictions. Cultural traditions and institutionalized power shall not serve as
justification for any form of violence, abuse, neglect, or deprivation of human and peoples’
rights.

 
CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a transparent,
credible, competent and impartial justice system, free from influence and corruption, where
wrongs are redressed and justice is dispensed fairly, speedily and equitably. We must have
equal access to the courts and adequate legal assistance. We must be treated equally before
the law regardless of our political, social and economic status.

6. We have a right to the security and privacy of our persons and our homes. The State shall
respect and uphold our right to the privacy of communication, information, private transactions
and affairs. The State shall ensure our freedom of movement and liberty of abode.

7. The requirements of due process of law shall be observed before, during and after trial. The
accused is presumed innocent until proven guilty and shall enjoy the right against self-
incrimination, the right to an independent and competent counsel preferably of his or her own
choice, and the right to be informed of such rights.

8. Detainees and prisoners have the right to humane conditions of detention with adequate
food, space and ventilation, rest and recreation, sanitary and health services, and skills training.
They have the right to communicate with counsel, family and friends and be visited by them.
The right to practice their religious beliefs and to express themselves shall likewise not be
denied. The State must provide separate detention facilities for women and children in conflict
with the law. Detainees and prisoners shall be given the opportunity for correction and
rehabilitation towards their reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without due
process of law. No suspect, detainee or prisoner shall be subjected to torture, force, violence,
intimidation, harassment or threats. No accused shall be subjected to trial by publicity. Neither
shall cruel, inhuman or degrading punishment or treatment or incommunicado or solitary
confinement be imposed.

10. We have the right against involuntary disappearances. The State shall protect its citizens
from all forms of systematic and massive extrajudicial and summary killings. The State shall
take responsibility for all the acts of its State agents and give information and assistance to the
families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to
meaningful representation, participation and decision-making about individual and community
concerns shall be recognized and maintained. The protection of life, liberty and property, the
upliftment of economic conditions and the promotion of the general welfare are essential
prerequisites of a truly democratic society.

12. Public office is a public trust. Transparency, accountability, integrity and competence are
minimum standards of good governance. It is the State’s duty to eliminate graft and corruption
at all levels of the bureaucracy. Towards this end, our right to information on matters involving
public interest shall be safeguarded.

13. We have the right to determine, participate, intervene and take action in all matters that
directly and indirectly affect our welfare. The freedoms of speech, press, association and
peaceful assembly shall at all times be recognized and protected by the State.

14. The State shall provide equal access to opportunities for public service to all competent and
qualified citizens. The State must equitably diffuse political power and prohibit political
dynasties in accordance with democratic principles.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and
corrupt regime by means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its
citizens shall be adequately nourished and free from hunger. The State has the obligation to
establish a responsive social housing program and protect the people from unjust evictions from
their homes. Protection and assistance shall be accorded marginalized families and vulnerable
sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally
sensitive education, responsive to our needs, which advances the culture of human rights.

18. The State must establish a responsive social welfare system that contributes to the
continuous improvement of its people and their lives. All public utilities should be accessible and
affordable to meet the peoples’ basic necessities.

19. Children and youth have rights to special care, education, health, and protection against all
forms of abuse, discrimination, exploitation, corruption, and conditions affecting their moral
development. The best interest of the child shall always take precedence in State policies and
laws.

20. Women are partners of men in nation building. They have equal rights in civil, political,
social, and cultural aspects of life. The State shall protect and defend them from discrimination,
exploitation, trafficking, assault, battery and other forms of abuse and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of all couples
and individuals to decide freely and responsibly the number, spacing and timing of their
children and to have the information and means to do so, and the right to attain the highest
standard of sexual and reproductive health. The State shall also recognize the rights of couples
in making decisions regarding reproduction free of discrimination, coercion and violence, as
expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples and
against all forms of discrimination. They have the right to existence as distinct peoples free
from assimilation as well as the right to resist development aggression, which threatens their
survival as a community. Thus, the State shall assist and support them in the protection and
preservation of their culture, language, tradition and belief. They have an inherent right to their
ancestral domain, which must be given urgent immediate attention and protection by the State
and should be respected and defended by all.

 
23. The State shall accord special protection to persons with disabilities. They have the right to
enjoyment of equal opportunity as well as appropriate and accessible social services, education,
employment, rehabilitation and social security.

24. Older persons shall be given preferential treatment by the State. They shall be given priority
in terms of accessible social security and health.

ECONOMIC RIGHTS 

25. We have the right to a nationalistic and independent economic policy protected from foreign
domination and intrusion. We have the right to a self-reliant economy based on national
industrialization. We have the right to resist all forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt management strategy, and to repudiate all foreign
debts that do not benefit the people. The State shall develop efficient and effective debt
management strategies that will benefit the people and shall give preferential treatment to local
capital.

26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have the right to
just compensation, dignified and humane working environment, job security, the right to form
and join unions and organizations, to bargain collectively, to go on strike and to actively
participate in political life. Discrimination in the work place, sexual harassment, slavery,
exploitation, and child labor shall not be tolerated. Moreover, overseas workers have the right
to enjoy the basic rights accorded to workers in their respective host countries, consistent with
international labor laws or standards.

27. Land, as a limited resource, bears a social function. The right to own land should be limited
to Filipinos and shall be guided by the principle of stewardship and subject to the demands of
the common good. Peasants shall have the right to own the land they till through a genuine
agrarian reform program including support services. Landowners shall also be protected from
land grabbers through effective legal and administrative measures.

28. Fisherfolk have the right of access to fishing grounds, to protection from foreign incursions
and local large-scale/commercial fishing business, to genuine aquatic reforms and to the
preservation and protection of communal fishing grounds.
 

29. We have the preferential right to the judicious cultivation, utilization, and preservation of
our natural resources which will ensure an ecological balance that can support and sustain the
total physical and economic well being of every person, family and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to credit and
micro-finance, and the right to skills and livelihood training, which shall contribute to the
constant improvement of their lives.

COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to develop
ourselves as peoples, preserve our culture and retain our national identity. Our peoples shall
not be coerced into assimilation, nor shall forced evacuation, dislocation and displacement
resulting from development aggression and other State policies should be allowed. We have the
right to resist any form of political, economic, social or cultural domination by resorting to any
legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an equitable
quality of life. Ecological balance must be preserved in the pursuit of national development
because the capacity of our resources to continue supporting our daily needs is limited.
Collectively, we have the intergenerational responsibility to protect, conserve and develop our
natural environment for the enjoyment of present and future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development. It is the
duty of the State to undertake a comprehensive peace process that reflects the sentiments,
values and principles important to all peoples of the Philippines. Therefore, it shall not be
defined by the State alone, nor the different contending groups only, but by all peoples of the
Philippines as one community. The promotion and protection of our rights must be geared
towards international understanding, solidarity among peoples and nations, and friendship
among all racial, ethnic or religious groups.

f 1987 Philippine Constitution

This is a side-by-side presentation of Article Three (3) of the 1987 Philippine

Constitution in the Filipino language and in English.
 IN FILIPINO ENGLISH TRANSLATION

ARTIKULO III ARTICLE III

KATIPUNAN NG MGA KARAPATAN BILL OF RIGHTS

SEKSYON 1. Hindi dapat alisan ng buhay, kalayaan, Section 1. No person shall be deprived of life,
or ari-arian ang sino mang tao nang hindi liberty, or property without due process of law, nor
kaparaanan ng batas, ni pagkaitan ang sino mang tao shall any person be denied the equal protection of
ng pantay na pangangalaga ng batas. the laws.

SEKSYON 2. Ang karapatan ng mga taong-bayan na Section 2. The right of the people to be secure in
magkaroon ng kapanatagan sa kanilang sarili, their persons, houses, papers, and effects against
pamamahay, papeles, at mga bagay-bagay laban sa unreasonable searches and seizures of whatever
hindi makatwirang paghahalughog at pagsamsam sa nature and for any purpose shall be inviolable, and
ano mang layunin ay hindi dapat labagin, at hindi no search warrant or warrant of arrest shall issue
dapat maglagda ng warrant sa paghalughog o except upon probable cause to be determined
warrant sa pagdakip maliban kung may malinaw na personally by the judge after examination under
dahilan na personal na pagpapasyahan ng hukom oath or affirmation of the complainant and the
matapos masiyasat ang mayhabla at ang mga witnesses he may produce, and particularly
testigong maihaharap niya sa ilalim ng panunumpa o describing the place to be searched and the
patotoo, at tiyakang tinutukoy ang lugar na persons or things to be seized.
hahalughugin, at mga taong darakpin o mga bagay
na sasamsamin.

SEKSYON 3. (1) Hindi dapat labagin ang pagiging Section 3. (1) The privacy of communication and
lihim ng komunikasyon at korespondensya maliban correspondence shall be inviolable except upon
sa legal na utos ng hukuman, o kapag hinihingi ang lawful order of the court, or when public safety or
naiibang kaligtasan o kaayusan ng bayan ayon sa order requires otherwise, as prescribed by law.
itinakda ng batas.
(2) Any evidence obtained in violation of this or the
(2) Hindi dapat tanggapin para sa ano mang layunin preceding section shall be inadmissible for any
sa alin mang hakbangin sa paglilitis ang ano mang purpose in any proceeding.
ebidensya na nakuha nang labag dito o sa
sinusundang seksyon.

SEKSYON 4. Hindi dapat magpatibay ng batas na Section 4. No law shall be passed abridging the
 IN FILIPINO ENGLISH TRANSLATION

nagbabawas sa kalayaan sa pananalita, freedom of speech, of expression, or of the press,

pagpapahayag, o ng pamamahayagan, o sa or the right of the people peaceably to assemble
karapatan ng mga taong-bayan na mapayabang and petition the government for redress of
magkatipon at magpetisyon sa pamahalaan upang grievances.
ilahad ang kanilang mga karaingan.

SEKSYON 5. Hindi dapat magbalangkas ng batas para Section 5. No law shall be made respecting an
sa pagtatatag ng relihiyon, o nagbabawal sa establishment of religion, or prohibiting the free
malayang pagsasagamit nito. Dapat ipahintulot exercise thereof. The free exercise and enjoyment
magpakailanman ang malayang pagsasagamit at of religious profession and worship, without
pagtatamasa ng pagpapahayag ng relihiyon at discrimination or preference, shall forever be
pagsamba nang walang pagtatangi o pamimili. Hindi allowed. No religious test shall be required for the
dapat kailanganin ang pagsusulit pangrelihiyon sa exercise of civil or political rights.
pagsasagamit ng karapatang sibil o pampulitika.

SEKSYON 6. Hindi dapat bawalan ang kalayaan sa Section 6. The liberty of abode and of changing the
paninirahan at ang pagbabago ng tirahan sa saklaw same within the limits prescribed by law shall not
ng mga katakdaang itinatadhana ng batas maliban sa be impaired except upon lawful order of the court.
legal na utos ng hukuman. Ni hindi dapat bawalan Neither shall the right to travel be impaired except
ang karapatan sa paglalakbay maliban kung para sa in the interest of national security, public safety, or
kapakanan ng kapanatagan ng bansa, kaligtasang public health, as may be provided by law.
pambayan, o kalusugang pambayan ayon sa
maaaring itadhana ng batas.

SEKSYON 7. Dapat kilalanin ang karapatan ng taong- Section 7. The right of the people to information on
bayan na mapagbatiran hinggil sa mga bagay-bagay matters of public concern shall be recognized.
na may kinalaman sa tanán. Ang kaalaman sa mga Access to official records, and to documents and
opisyal na rekord, at sa mga dokumento at papeles papers pertaining to official acts, transactions, or
tungkol sa mga opisyal na gawain, transaksyon, o decisions, as well as to government research data
pasya, gayon din sa mga datos sa pananaliksik ng used as basis for policy development, shall be
pamahalaan na pinagbabatayan ng patakaran sa afforded the citizen, subject to such limitations as
pagpapaunlad ay dapat ibigay sa mamamayan sa may be provided by law.
ilalim ng mga katakdaang maaaring itadhana ng
batas.

SEKSYON 8. Hindi dapat hadlangan ang karapatan ng Section 8. The right of the people, including those
 IN FILIPINO ENGLISH TRANSLATION

mga taong-bayan kabilang ang mga naglilingkod sa employed in the public and private sectors, to form
publiko at pribadong sektor na magtatag ng mga unions, associations, or societies for purposes not
asosasyon, mga unyon, o mga kapisanan sa mga contrary to law shall not be abridged.
layuning hindi lalabag sa batas.

SEKSYON 9. Ang mga pribadong ariarian ay hindi Section 9. Private property shall not be taken for
dapat kunin ukol sa gamit pambayan nang walang public use without just compensation.
wastong kabayaran.

SEKSYON 10. Hindi dapat magpatibay ng batas na Section 10. No law impairing the obligation of
sisira sa pananagutan ng mga kontrata. contracts shall be passed.

SEKSYON 11. Hindi dapat ipagkait sa sino mang tao Section 11. Free access to the courts and quasi-
ang malayang pagdulog sa mga hukuman at sa mga judicial bodies and adequate legal assistance shall
kalupunang mala-panghukuman at sapat na tulong not be denied to any person by reason of poverty.
pambatas nang dahil sa karalitaan.

SEKSYON 12. Section 12.

(1) Ang sino mang tao na sinisiyasat dahil sa (1) Any person under investigation for the
paglabag ay dapat magkaroon ng karapatang commission of an offense shall have the right to be
mapatalastasan ng kaniyang karapatang informed of his right to remain silent and to have
magsawalang-kibo at magkaroon ng abogadong may competent and independent counsel preferably of
sapat na kakayahan at malaya na lalong kanais-nais his own choice. If the person cannot afford the
kung siya ang maypili. Kung hindi niya makakayanan services of counsel, he must be provided with one.
ang paglilingkod ng abogado, kinakailangang These rights cannot be waived except in writing and
pagkalooban siya ng isa. Hindi maiuurong ang mga in the presence of counsel.
karapatang ito maliban kung nakasulat at sa harap
ng abogado. (2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall
(2) Hindi siya dapat gamitan ng labis na be used against him. Secret detention places,
pagpapahirap, pwersa, dahas, pananakot, solitary, incommunicado, or other similar forms of
pagbabanta, o ano mang paraaan na pipinsala sa detention are prohibited.
kanyang malayang pagpapasya. Ipinagbabawal ang
mga lihim kulungan, solitaryo, ingkomunikado, o iba (3) Any confession or admission obtained in
pang katulad ng anyo ng detensyon. violation of this or Section 17 hereof shall be
 IN FILIPINO ENGLISH TRANSLATION

inadmissible in evidence against him.

(3) Hindi dapat tanggaping ebidensya laban sa kanya
ang ano mang pagtatapat o pag-amin na nakuha (4) The law shall provide for penal and civil
nang labag sa seksyong ito o sa seksyong labing-pito. sanctions for violations of this section as well as
compensation to the rehabilitation of victims of
(4) Dapat magtadhana ang batas ng mga torture or similar practices, and their families.
kaparusahang penal at sibil sa mga paglabag sa
seksyong ito at gayon din ng bayad-pinsala at
rehabilitasyon sa mga biktima ng labis na mga
paghihirap o katulad ng mga nakagawian, at sa
kanilang mga pamilya.

SEKSYON 13. Section 13.

Ang lahat ng mga tao, maliban sa mga nahahabla sa All persons, except those charged with offenses
mga paglabag na pinarurusahan ng reclusion punishable by reclusion perpetua when evidence of
perpetua kapag matibay ang ebidensya ng guilt is strong, shall, before conviction, be bailable
pagkakasala, bago mahatulan, ay dapat by sufficient sureties, or be released on
mapyansahan ng sapat ng pyador, o maaaring recognizance as may be provided by law. The right
palayain sa bisa ng panagot ayon sa maaaring to bail shall not be impaired even when the
itadhana ng batas. Hindi dapat bawalan ang privilege of the writ of habeas corpus is suspended.
karapatan sa pyansa kahit na suspendido ang Excessive bail shall not be required.
pribilehiyo ng writ of habeas corpus. Hindi dapat
kailanganin ang malabis na pyansa.

SEKSYON 14. (1) Hindi dapat papanagutin sa Section 14. (1) No person shall be held to answer
pagkakasalang kriminal ang sino mang tao nang hindi for a criminal offense without due process of law.
kaparaanan ng batas. (2) In all criminal prosecutions, the accused shall be
(2) Sa lahat ng mga pag-uusig kriminal, ang presumed innocent until the contrary is proved,
nasasakdal ay dapat ituring na walang sala hangga’t and shall enjoy the right to be heard by himself and
hindi napapatunayan ang naiiba, at dapat counsel, to be informed of the nature and cause of
magtamasa ng karapatang magmatwid sa the accusation against him, to have a speedy,
pamamagitan ng sarili at ng abogado, impartial, and public trial, to meet the witnesses
mapatalastasan ng uri at dahilan ng sakdal laban sa face to face, and to have compulsory process to
kanya, magkaroon ng mabilis, walang kinikilingan, at secure the attendance of witnesses and the
hayagan paglitis, makaharap ang mga testigo, production of evidence in his behalf. However, after
magkaroon ng sapilitang kaparaanan upang matiyak arraignment, trial may proceed notwithstanding
 IN FILIPINO ENGLISH TRANSLATION

ang pagharap ng mga testigo sa paglilitaw ng the absence of the accused: Provided, that he has
ebidensyang para sa kanyang kapakanan. Gayon been duly notified and his failure to appear is
man, matapos mabasa ang sakdal, maaring ituloy unjustifiable.
ang paglilitis kahit wala ang nasasakdal sa pasubaling
marapat na napatalastasan siya at di makatwiran ang
kanyang kabiguang humarap.

SEKSYON 15. Hindi dapat suspindihin ang pribilehiyo Section 15. The privilege of the writ of habeas
ng writ of habeas corpus, maliban kung may corpus shall not be suspended except in cases of
pananalakay o paghihimagsik, kapag kinakailangan invasion or rebellion, when the public safety
ng kaligtasan pambayan. requires it.

SEKSYON 16. Dapat magkaroon ang lahat ng mga tao Section 16. All persons shall have the right to a
ng karapatan sa madaliang paglutas ng kanilang mga speedy disposition of their cases before all judicial,
usapin sa lahat ng mga kalupunang panghukuman, quasi-judicial, or administrative bodies.
mala-panghukuman, o pampangasiwaan.

SEKSYON 17.  Hindi dapat pilitin ang isang tao na Section 17. No person shall be compelled to be a
tumestigo laban sa kanyang sarili. witness against himself.

SEKSYON 18. (1) Hindi dapat detenihin ang sino Section 18. (1) No person shall be detained solely
mang tao dahil lamang sa kanyang paniniwala at by reason of his political beliefs and aspirations.
hangaring pampulitika.

(2) Hindi dapat pairalin ang ano mang anyo ng (2) No involuntary servitude in any form shall exist
sapilitang paglilingkod, maliban kung kaparusahang except as a punishment for a crime whereof the
pataw ng hatol ng pagkakasala. party shall have been duly convicted.

SEKSYON 19. (1) Hindi dapat ipataw ang malabis na Section 19. (1) Excessive fines shall not be imposed,
multa, ni ilapat ang malupit, imbi o di-makataong nor cruel, degrading or inhuman punishment
parusa, o ang parusang kamatayan, matangi kung inflicted. Neither shall death penalty be imposed,
magtadhana ang Kongreso ng parusang kamatayan unless, for compelling reasons involving heinous
sa mga kadahilanang bunsod ng mga buktot ng crimes, the Congress hereafter provides for it. Any
krimen. Dapat ibaba sa reclusion perpetua ang death penalty already imposed shall be reduced to
naipataw nang parusang kamatayan. reclusion perpetua.
 IN FILIPINO ENGLISH TRANSLATION

(2) Dapat lapatan ng kaukulang batas ang (2) The employment of physical, psychological, or
pagpapahirap na pisikal, sikolohikal, o imbing degrading punishment against any prisoner or
pagpaparusa sa sino mang bilanggo o detenido o ang detainee or the use of substandard or inadequate
paggamit ng mga kaluwagang penal na di-makatao. penal facilities under subhuman conditions shall be
dealt with by law.

SEKSYON 20. Hindi dapat ibilanggo ang isang tao Section 20. No person shall be imprisoned for debt
nang dahil sa pagkakautang o hindi pagbabayad ng or non-payment of a poll tax.
sedula.

SEKSYON 21. Hindi dapat na ang isang tao ay Section 21. No person shall be twice put in
makalawang masapanganib ng kaparusahan sa iisang jeopardy of punishment for the same offense. If an
paglabag. Kung pinarurusahan ng batas at ng act is punished by a law and an ordinance,
ordinansa ang isang kagagawan, ang pagkaparusa o conviction or acquittal under either shall constitute
pakaabswelto sa ilalim ng alin man dito ay magiging a bar to another prosecution for the same act.
hadlang sa iba pang pag-uusig sa gayon ding
kagagawan.

SEKSYON 22. Hindi dapat magpatibay ng batas ex Section 22. No ex post facto law or bill of attainder
post facto o bill of attainder. shall be enacted.