Bill of Rights

Bill of rights is a statement and listing of an individual’s rights and privileges which the
fundamental law of the land is designed to safeguard against violations of the government
or by an individual or groups of individuals. It is a charter embodying the liberties of a
person and the limitations upon the power of the state.

The enjoyment of these rights by the people is founded on the social importance
given to them in a democratic society. Moreover, the government’s protection of these
rights is founded on the belief that every person has an inherent dignity and worth which
must be protected and respected.

Classification of Rights

There are different kinds of rights people enjoy in a democratic society. Notable
among these are the following: natural, constitutional, statutory, civil, economic, and
political. Let us briefly explain each of these categories of rights.

 Natural Rights. These are rights inherent to man and given to him by God as a
human being. Examples of these rights are to live, love and be happy.

 Constitutional Rights. These are the rights guaranteed under the fundamental
charter of the country. Examples of these rights are the rights against unreasonable
bill of attainder, and the rights safeguarding the accused under the Bill of Rights.

 Statutory Rights. These are rights provided by the law-making body of a country or
by law, such as the right to receive a minimum wage and the right to preliminary
investigation.

 Civil Rights. These are rights specified under the Bill of Rights, such as freedom of
speech, right to information. They are rights enjoyed by an individual by virtue of his
citizenship in a state or community.

 Economic Rights. These are rights to property, whether personal, real or

intellectual. Some examples of these rights include to following: right to use and
dispose his property, right to practice one’s profession, and the right to make a
living.

 Political Rights. These are the rights an individual enjoys as a consequence of

being a member of a body politic. Some examples of political rights are the
following: right to vote, right to be voted into public office.

The Constitutional Rights of Filipino Citizens

The whole Article III of our constitution identifies in details the different rights that
every Filipino citizen should enjoy.

Due Process

Due process is a law that hears before it condemns. This clause in our fundamental charter
means that no person shall be deprived of his life, liberty or property unless due process is
observed. In other words, a Filipino citizen can be deprived of his life, liberty or property
provided he is given the chance to defend himself. Nonetheless, he can be deprived of his
life when it is a punishment for a crime he committed for which he was proven guilty
beyond reasonable doubt.
Equal Protection of the Law

This refers to equality in the enjoyment of similar rights and privileges granted by law.
Thus, no person shall be deprived of the same protection of laws enjoyed by other persons
in the same place and in similar circumstance. Put simply, this means that regardless of
station in life all persons shall be treat equally before the law since no one is above the law.

Right Against Unreasonable Searches and Seizures

As stated in the Constitution of the Philippines, 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 that no search warrant or
warrant of arrest shall be issued 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 (Sec.2, Article III).

Based on the foregoing provision, it is evident that the Government is empowered to

undertake search seizure. What is outlawed in the Constitution is unreasonable search and
seizure. An unreasonable search and seizure happens when it is done without a court order
or search warrant/ warrant of arrest.

Let us distinguish between or arrest and search warrant. A search warrant is a

written court order signed by judge authorizing search of property or entry into somebody’s
property to look for unlawful possession and bring it before the court. On the other hand a
warrant of arrest is a written court order issued to a peace officer directing him to take into
custody the identified person for a latter the answer for his alleged commission of a crime.

For a search warrant or warrant of arrest to be valid, the following requirements

have to be complied with: issuance by the judge based on probable cause after examining
both the statements of the complainant and witnesses; and detailed description of the
things to be seized and the persons to be arrested.

There are, however, instances when search and seizure may be done without warrant (De
Leon, 2003). When there is a waiver or consent, a search and seizure can still be considered
legal. A warrantless arrest, however, may be made either private citizens or police officers
when the person to be arrested is prisoner who escaped from prison or the person to be
arrested has committed, is actually committing or is attempting to commit an offense.

Right to Privacy of Communication and Correspondence

Section 3 of Article III states that 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 prescribe by law. Any evidence obtained in violation of this shall be
inadmissible for any purpose in any proceeding.

The aforementioned provision ensures the right of the citizens to communicate with
one another without interference form others and the government. Nonetheless, there are
two instances when the government can interfere in the people’s exercise of this right: upon
lawful order of the court; and when public safety or order requires it as prescribed by law.
Freedom of Speech

No law shall be passed abridging the freedom of speech, of expression, or of the

press, or the right of the people to peaceably assemble and petition the government for
redress of grievances (Sec.4, Article III).

Freedom of speech is oftentimes called freedom of expression, both oral and written,
form governmental prior restraint, except as such expression constitutes libel, slander,
obscenity, sedition, or criminal conduct such as bribery, perjury, or incitement to riot or
rebellion. It includes press freedom. Because it is essential to political activities and religious
practices, the exercise of the right of free expression often occurs in association with the
exercise of the right of peaceable assemblage. This freedom is considered essential to the
vitality of a democratic government.

Closely related to the freedom of speech or expression are the right of assembly and
right of petition. Right of Assembly is the right on the part of the citizens to congregate
peacefully in a public meeting to discuss issues and matters of interest to them. On the
other hand right of petition refers to the right of any citizen ask any branch of the
government to take action on his complaint or grievance.

Freedom of Religion

Freedom of Religion refers to the right of a person to worship God in his own way
and practice his religious beliefs without interference from the government, anybody or
groups. This right is clearly stated in Section 5 of Article III, which states that no law shall
be made respecting the establishment of a 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.

Liberty of Abode and Travel

Liberty of abode refers to the freedom to choose where one should reside, while
liberty of travel means the freedom to move from one place to another without interference
from anybody or the government. As stated in Section 6 of Article III, 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.

Right to Information on Matters of Public Concern

This right is clearly stated in Section 7 of Article III. 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
governmental research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.

Right to Association

The right to association means the freedom of any Filipino citizen to organize and join any
society or group, as long as its goals and activities are not contrary to existing laws of the
land. This right is clearly cited in Section 8 of Article III, which states that the rights 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.
Right to Just Compensation

This right is mentioned in Section 9 of Article III which states that private property
shall not be taken for public use without just compensation.

The government of the country can take over a private property for public use. This
is because of its exercise of one of its inherent powers, which is the power of eminent
domain. Eminent domain is the power of the government to expropriate private property for
public use upon payment of just compensation. For the government to exercise the
aforementioned power, the following conditions have to be satisfied:

 The property to be taken over by he government shall be for public use;

 The owner has to be paid the reasonable value of his property; and
 Due process has to be observed in the expropriation proceeding.

Non-Impairment of Contracts

Section 10 of Article III states that no law impairing the obligation of contracts shall
be passed. The principal purpose of this constitutional provision that of safeguarding the
integrity of valid contractual agreements against unwarranted interference from the State in
the form of laws. However, this constitutional guaranteed can also be limited the moment
the government exercise its police power in the interest of public health, safety, and general
welfare.