BILL OF RIGHTS
The Bill of Rights (Article III) protects core freedoms—speech, religion, assembly, due process, and privacy—and serves as the Constitution’s main shield against abuse and injustice.
Rooted in the American Bill of Rights, it reflects the Philippines’ history of resisting oppression and its commitment to human dignity, liberty, and equal justice.
At its core, the Bill of Rights exists to restrain government power and protect individual freedoms—it is the Constitution’s primary safeguard of liberty and dignity.
Bar Significance of Key Provisions of the Bill of Rights
1. Right to Due Process (Section 1):
No person shall be deprived of life, liberty, or property without due process of law.
No person shall be deprived of life, liberty, or property without due process of law.
⚡⚡⚡ Always test both dimensions: substantive due process (fairness of the law itself) and procedural due process (fairness of the procedure).
⚠️ Trap: discussing procedure only and forgetting to question the validity of the law.
Ang Tibay v. Court of Industrial Relations, G.R. No. L-46496, 27 February 1940. (Supreme Court; Lawphil)
Administrative due process requires the Ang Tibay elements, including notice, opportunity to be heard, and a decision supported by substantial evidence—distinct from judicial due process.
2. Right to Equal Protection (Section 1):
All persons are entitled to equal protection of the laws.
⚡⚡⚡ Triggers levels of scrutiny—rational basis, intermediate, strict—and is often paired with due process.
⚠️ Trap: jumping to strict scrutiny without identifying the classification.
People v. Cayat, G.R. No. L-45987, 5 May 1939 (Supreme Court; Lawphil)
A classification is valid if it rests on substantial distinctions, is germane to the law’s purpose, not limited to existing conditions, and applies equally to all within the class.
3. Right to Freedom of Speech, Expression, and Press (Section 4):
Individuals may freely express ideas through speech, writing, or media without prior restraint.
⚡⚡⚡ Political speech gets the highest protection. Always ask: Is there prior restraint? Is there clear and present danger?
⚠️ Trap: treating content-based regulation as time–place–manner.
Chavez v. Gonzales, G.R. No. 168338, 15 February 2008 (Supreme Court; Lawphil)
Prior restraint is presumptively unconstitutional, especially when the speech involved is political, which enjoys the highest level of constitutional protection.
3. Right to Privacy/Unreasonable Search & Seizures (Section 2):
Protection against unreasonable searches and seizures; warrants require probable cause.
⚡⚡⚡ Think valid warrant checklist: probable cause, judge, oath, particularity, plus exceptions to the warrant requirement.
⚠️ Trap: assuming all searches need warrants.
Stonehill v. Diokno, G.R. Nos. L-19550 et al., 19 June 1967 (Supreme Court; Lawphil)
General warrants are void for lack of particularity, and evidence seized under them is inadmissible.
4. Right to Religious Freedom (Section 5):
Free exercise of religion is guaranteed; no establishment of religion by the State.
⚡⚡⚡ Always separate Free Exercise from Non-Establishment. When restricted, apply the compelling state interest test.
⚠️ Trap: mixing the two clauses into one analysis.
Estrada v. Escritor, A.M. No. P-02-1651, 22 June 2006 (Supreme Court; Lawphil)
Under the doctrine of benevolent neutrality-accommodation, the State must accommodate sincere religious beliefs absent a compelling state interest.
5. Rights of the Accused (Sections 12-14):
Includes the right to remain silent, to competent counsel, and to be informed of rights.
⚡⚡⚡ Custodial investigation rule: violation = automatic exclusion of confession.
⚠️ Trap: applying these rights outside custodial investigation.
People v. Mahinay, G.R. No. 122485, 1 February 1999 (Supreme Court; Lawphil)
Confessions during custodial investigation are inadmissible unless Miranda rights are clearly explained and strictly observed.
6. Right Against Torture and Degrading Punishment (Section 12):
Physical or psychological coercion during investigation is prohibited.
⚡⚡⚡ Absolute rule: confessions obtained by torture are inadmissible—no exceptions.
People v. Alicando, G.R. No. 117487, 12 December 1995 (Supreme Court; Lawphil)
Confessions obtained through force, violence, or intimidation are void and inadmissible.
7. Right to Bail (Section 13):
All persons are entitled to bail except when evidence of guilt is strong.
⚡⚡⚡ First ask: Is the offense punishable by reclusion perpetua or higher? If yes, bail is discretionary.
⚠️ Trap: assuming bail is always a right.
Enrile v. Sandiganbayan, G.R. No. 213847, 18 August 2015 (Supreme Court; Lawphil)
Even for offenses punishable by reclusion perpetua, bail may be granted unless evidence of guilt is strong.
8. Right to Speedy Trial (Sec.14):
Accused individuals also have the right to a speedy, public, and impartial trial.
⚡⚡⚡ Delays are judged using balancing tests, not mere passage of time.
⚠️ Trap: counting days without weighing reasons and prejudice.
Coscolluela v. Sandiganbayan, G.R. No. 191411, 15 July 2013 (Supreme Court; Lawphil)
Violation of the right to speedy trial is determined using balancing factors, not mere passage of time.
9. Freedom of Assembly and Petition (Section 8):
Citizens have the right to peaceful assembly and to petition the government for redress of grievances.
⚡⚡⚡ Subject only to time, place, and manner regulations, never content-based suppression.
⚠️ Trap: justifying suppression based on message or viewpoint.
Bayan v. Ermita, G.R. No. 169838, 25 April 2006 (Supreme Court; Lawphil)
Regulation of assemblies is limited to time, place, and manner; content-based restrictions are unconstitutional.