Bautista, Maria Theresa D.

POLITICAL LAW REVIEW

2012400136

Atty. Rene V. Sarmiento

COMPARISON OF BILL OF RIGHTS

1973 CONSTITUTION

1987 CONSTITUTION

CHANGES/
AMENDMENTS

ARTICLE IV

ARTICLE III

(change in ARTICLE number)

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 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.

NO CHANGES

SEC. 2. Private property shall

not be taken for public use
without just compensation.

Section 9. Private property shall

not be taken for public use
without just compensation.

(change in ARTICLE number)

SEC. 3. 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 issue
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.

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 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.

(change in ARTICLE number)

SEC. 4. (1) The privacy of

communication
and
correspondence
shall
be
inviolable except upon lawful
order of the court, or when
public safety and order require
otherwise.

Section 3. (1) The privacy of (change in ARTICLE number)

communication
and
correspondence
shall
be 1. as prescribed by law added
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 (2) Any evidence obtained in

violation of this or the preceding violation of this or the preceding
section shall be inadmissible for section shall be inadmissible for

1. shall not be violated shall

be inviolable
2. or such other responsible
officer as may be authorized by
law removed

any purpose in any proceeding.

any purpose in any proceeding.

SEC. 5. The liberty of abode and

of travel shall not, be impaired
except upon lawful order of the
court, or when necessary in the
interest of national security,
public safety, or public health.

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.

(change in ARTICLE number)

1. and of changing the same
within the limits prescribed by
law added
2. Neither shall the right to travel
be impaired placed in a
separate sentence
3. as may be provided by law
added

SEC. 6. 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, shall
be afforded the citizen subject to
such limitations as may be
provided by law.

Section 7. The right of the

(change in ARTICLE number)
people to information on matters
of public concern shall be
1. as well as to government
recognized. Access to official
research data used as basis for
records, and to documents and
policy development added
papers pertaining to official acts,
transactions, or decisions, as well
as to government research data
used as basis for policy
development, shall be afforded
the citizen, subject to such
limitations as may be provided
by law.

SEC. 7. The right to form

associations or societies for
purposes not contrary to law
shall not be abridged.

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.

(change in ARTICLE number)

1. of the people, including those
employed in the public and
private sectors added
2. unions added

SEC. 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.

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. No religious test shall
be required for the exercise of
civil or political rights.

(change in ARTICLE number)

SEC. 9. No law shall be passed

Section 4. No law shall be

(change in ARTICLE number)

NO SUBSTANTIAL
CHANGES

abridging the freedom of speech,

or of the press, or the right of the
people peaceably to assemble
and petition the Government for
redress of grievances.

passed abridging the freedom of

speech, of expression, or of the 1. of expression added
press, or the right of the people
peaceably to assemble and
petition the government for
redress of grievances.

SEC. 10. No law granting a title

of royalty or nobility shall be
enacted.
SEC. 11. No law impairing the
obligation of contracts shall be
passed.

REMOVED

Section 10. No law impairing the

obligation of contracts shall be
passed.

(change in ARTICLE number)

SEC. 12. No ex post facto law or Section 22. No ex post facto law
bill of attainder shall be enacted. or bill of attainder shall be
enacted.

(change in ARTICLE number)

SEC. 13. No person shall be

imprisoned for debt or nonpayment of a poll tax.

Section 20. No person shall be

imprisoned for debt or nonpayment of a poll tax.

(change in ARTICLE number)

SEC. 14. No involuntary

servitude in any form shall exist
except as a punishment for a
crime whereof the party shall
have been duty convicted.

Section 18. (1) No person shall (change in ARTICLE number)

be detained solely by reason of
his
political
beliefs
and 1. No person shall be detained
aspirations.
solely by reason of his political
(2) No involuntary servitude in beliefs and aspirations added

NO SUBSTANTIAL
CHANGES

NO SUBSTANTIAL
CHANGES

NO SUBSTANTIAL
CHANGES

any form shall exist except as a

punishment for a crime whereof
the party shall have been duly
convicted.
SEC. 15. The privilege of the
writ of habeas corpus shall not be
suspended except in cases of
invasion, insurrection, rebellion,
or imminent danger thereof,
when the public safety requires
it.

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.

SEC. 16. All persons shall have

the right to a speedy disposition
of their cases before all judicial,
quasi-judicial, or administrative
bodies.

Section 16. All persons shall

have the right to a speedy
disposition of their cases before
all judicial, quasi-judicial, or
administrative bodies.

1. insurrection removed
2. imminent danger removed

NO CHANGES

SEC. 17. No person shall be held Section 14. (1) No person shall
to answer for a criminal offense be held to answer for a criminal
without due process of law.
offense without due process of
law.
SEC. 18. All persons, except
those charged with capital
offenses when evidence of guilt
is strong, shall, before
conviction, be bailable by
sufficient sureties. Excessive bail
shall not be required.

SEC. 19. 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 unjustified.

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. Excessive bail shall
not be required.
Section 14.

(change in ARTICLE number)

1. Placed in the same section
with rights of the accused.
(change in ARTICLE number)
1. capital offenses offenses
punishable by reclusion perpetua
2. or be released on recognizance
as may be provided by law
added
3. The right to bail shall not be
impaired even when the privilege
of the writ of habeas corpus is
suspended added
(change in ARTICLE number)

xxx
(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.
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.

1. unjustified unjustifiable

SEC. 20. No person shall be

Section 17. No person shall be (change in ARTICLE number)
compelled to be a witness against compelled to be a witness
himself. Any person under
against himself.
1. Right not to be compelled as a
investigation for the commission
witness against himself and the

of an offense shall have the right

to remain silent and to counsel,
and to be informed of such right.
No force, violence, threat,
intimidation, or any other means
which vitiates the free will shall
be used against him. Any
confession obtained in violation
of this section shall be
inadmissible in evidence.

rights
under
custodial
Section 12. (1) Any person investigation was places in a
under investigation for the separate articles
commission of an offense shall
have
competent
and
have the right to be informed of 2.
independent.
.
.
preferably
of
his
his right to remain silent and to
have competent and independent own choice added
counsel preferably of his own
choice. If the person cannot 3. If the person cannot afford the
afford the services of counsel, he services of counsel, he must be
must be provided with one. provided with one. These rights
These rights cannot be waived cannot be waived except in
except in writing and in the writing and in the presence of
counsel added
presence of counsel.
(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.

4. torture added
5. Secret detention places,
solitary, incommunicado, or
other similar forms of detention
are prohibited added

6. or admission. . . or Section
(3) Any confession or admission 17 hereof. . . against him
obtained in violation of this or added
Section 17 hereof shall be
inadmissible in evidence against 7. The law shall provide for
penal and civil sanctions for
him.
violations of this section as well
(4) The law shall provide for as
compensation
to
and
penal and civil sanctions for rehabilitation of victims of
violations of this section as well torture or similar practices, and
as
compensation
to
and their families added
rehabilitation of victims of
torture or similar practices, and
their families.
SEC. 21. Excessive fines shall
not be imposed, nor cruel or
unusual punishment inflicted.

Section 19. (1) 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, the Congress hereafter
provides for it. Any death
penalty already imposed shall be
reduced to reclusion perpetua.

(change in ARTICLE number)

1. unusual punishment inflicted
degrading or inhuman
punishment inflicted
2. Neither shall the death penalty
be
imposed,
unless,
for
compelling reasons involving
heinous crimes, the Congress
hereafter provides for it. Any
death penalty already imposed

SEC. 22. 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.

(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.

shall be reduced to reclusion

perpetua added
3. 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 added

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.

(change in ARTICLE number)

NO SUBSTANTIAL
CHANGES

SEC. 23. Free access to the

Section 11. Free access to the
(change in ARTICLE number)
courts shall not be denied to any courts and quasi-judicial bodies
person by reason of poverty.
and adequate legal assistance
1. and quasi-judicial bodies and
shall not be denied to any person adequate legal assistance
by reason of poverty.
added