1. Human dignity
is sacred to every Filipino. The Government and its laws must
respect and protect it.
All Filipinos
are born free and shall enjoy social liberties as promulgated
by law.
A person can
invoke human dignity and exercise his rights and liberties in
so far as it is not in violation of rights and liberties of other
persons or contrary to this Constitution, good morals, and Filipino
values.
Any person
whose rights and liberties are violated can invoke the provisions
of this Constitution to bring lawsuit or to defend himself in
court.
2. All persons are equal before the law, regardless of gender,
parentage, race, cultural heritage and origin, language, homeland,
social and economic background, property, intellect, faith and
religious beliefs, political and other opinion, presence of handicap,
and other distinctions.
3. 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.
4. Freedom
of expression and dissemination of one’s opinion and belief
through speech, press, writing, pictures, and other viable means
shall be guaranteed by the Republic while upholding its statute
of protecting the innocent, the youth, national security, public
interests and infrastructure, and personal dignity and honor.
The Government shall promote and protect a responsible free press.
Note the word “responsible”
with regards to free press.
5. 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.
6. No law
shall be passed infringing the right of the people to peaceably
assemble without arms of hostility and to petition their Government
for redress of grievances. With regard to open-air assemblies,
this right may be limited when it inhibits the state’s statute
from securing peace and order.
The last sentence gives constitutional
basis for the local governments to give out “rally permits.”
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 to every Filipino subject to such
limitations as may be provided by law.
8. 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.
9. 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 state security, public safety, or public health, as may be
provided by law.
10. Private
property shall not be taken for public use without just compensation.
11. 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 not be violated, and no search
warrant or warrant of arrest shall be issued except upon probable
cause to be determined by the judge, or such other responsible
officer as may be authorized by law, 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.
The sentence, “any evidence obtained
in violation of this section shall be inadmissible for any purpose
in any proceeding,” present in the 1987 Constitution, has
been omitted.
12. The privacy
of communication, correspondence, and fiscal transaction shall
be inviolable except upon lawful order of the court or bodies
of power as prescribed by law, or when public safety or order
requires otherwise as prescribe by law. An individual has the
right to be informed when personal data is collected from him
through voluntary disclosure as part of public records, requirement
of contracts or membership, answers to surveys or questionnaires,
and the like, and how such data will be used.
“Bodies of power as prescribed by
law” has been included here to give constitutional clout
to agencies such as the Anti-Money Laundering Council to look
into alleged ill-gotten wealth. Similarly, “any evidence
obtained in violation of this section shall be inadmissible for
any purpose in any proceeding,” has been omitted in this
provision.
13. Free access
to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
14. Any person
under investigation for the commission of an offence 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. 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 inhumane detention are prohibited. Any
confession or admission obtained in violation of this section
shall be inadmissible in evidence against him. 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.
15. All persons,
except those charged with offenses punishable by reclusion perpetua
or graver, 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. Excessive bail shall not be required.
As a principle, this Constitution is against
death penalty, however, the phrase “or graver,” is
included to give flexibility to the Parliament in scrapping the
Death Penalty Law. See section 21 of this article.
16. No person
shall be held to answer for a criminal offense without due process
of law. 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.
17. The privilege
of the writ of habeas corpus shall not be suspended except in
cases of invasion, rebellion, or in cases of extreme emergency
concurred by a Supreme Court resolution when the public safety
requires it.
Note that the Supreme Court shall have
to agree that a given scenario is of extreme emergency that warrants
the suspension of the writ of habeas corpus.
18. All persons
shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
“Free access to the courts shall
not be denied to any person by reason of poverty,” was omitted
as this has already been stated in section 13.
19. No person
shall be compelled to be a witness against himself. Any confession
obtained in violation of this section shall be inadmissible in
evidence.
20. No person
shall be detained solely by reason of his political beliefs and
aspirations. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have
been duly convicted.
21. 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, that the law
provides for it. 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.
22. No law
impairing the obligation of contracts shall be passed.
23. No person
shall be imprisoned for debt or non-payment of a poll tax.
24. No person
shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by law and ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for
the same act.
25.
No ex post facto law or bill of attainder shall be enacted.