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Comparison of Bill of Rights 1987, 1973, 1935 Philippine Constitutions and US Constitution

Bill of Rights
1987
Article III

1973
Article IV (Article
Citizenship)

III

was

about

Due Process of Law (B); Equal Protection (C)


1987
1973
Section 1. No person shall be SECTION 1. No person shall be
deprived of life, liberty, or property deprived of life, liberty, or property
without due process of law, nor shall without due process of law, nor shall
any person be denied the equal any person be denied the equal
protection of the laws.
protection of the laws.

1935
Article III

US

1935
SECTION 1. (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.

US
Article [V] (Amendment 5 - Rights of
Persons)
No person shall be held to answer for
a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be
subject for the same offence to be
twice put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due
process of law; nor shall private
property be taken for public use,
without just compensation.
xxx
Article XIV (Amendment 14 - Rights
Guaranteed:
Privileges
and
Immunities
of
Citizenship,
Due
Process, and Equal Protection)
1: All persons born or naturalized in
the United States, and subject to the
jurisdiction thereof, are citizens of the
United States and of the State
wherein they reside. No State shall
make or enforce any law which shall
abridge the privileges or immunities

of citizens of the United States; nor


shall any State deprive any person of
life, liberty, or property, without due
process of law; nor deny to any
person within its jurisdiction the
equal protection of the laws.

Searches, Seizures and Arrests (D)


1987
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.

1973
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.

Privacy of Communication and Correspondence (E)


1987
1973
Section 3. (1) The privacy of SEC.
4.
(1)
The
privacy
of
communication and correspondence communication and correspondence
shall be inviolable except upon lawful shall be inviolable except upon lawful
order of the court, or when public order of the court, or when public
safety or order requires otherwise, as safety and order require otherwise.
prescribed by law.
(2) Any evidence obtained in violation
(2) Any evidence obtained in violation of this or the preceding section shall
of this or the preceding section shall be inadmissible for any purpose in
be inadmissible for any purpose in any proceeding.
any proceeding.

Freedom of Expression (F)


1987
Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the
right of the people peaceably to
assemble
and
petition
the

1973
SEC. 9. No law shall be passed
abridging the freedom of speech, or
of the press, or the right of the
people peaceably to assemble and
petition the Government for redress

1935
Section 1. (3) The right of the people
to be secure in their persons, houses,
papers,
and
effects
against
unreasonable searches and seizures
shall not be violated, and no warrants
shall issue but upon probable cause,
to be determined 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.

US
Article [IV] (Amendment 4 - Search
and Seizure)
The right of the people to be secure
in their persons, houses, papers, and
effects,
against
unreasonable
searches and seizures, shall not be
violated, and no Warrants shall issue,
but upon probable cause, supported
by
Oath
or
affirmation,
and
particularly describing the place to be
searched, and the persons or things
to be seized.

1935
Section 1. (5) The privacy of
communication and correspondence
shall be inviolable except upon lawful
order of the court or when public
safety and order require otherwise.

US

1935
Section 1. (8) No law shall be passed
abridging the freedom of speech, or
of the press, or the right of the
people peaceably to assemble and
petition the Government for redress

US
Article [I] (Amendment 1 - Freedom of
expression and religion)
Congress
shall
make
no
law
respecting an establishment
of
religion, or prohibiting the free

government
grievances.

for

redress

of

of grievances.

of grievances

exercise thereof; or abridging the


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

Freedom of Religion (G)


1987
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.

Liberty of Abode and Travel (H)


1987
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.

Right to Information (I)


1987
Section 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 the citizen, subject to such
limitations as may be provided by
law.

1973
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.

1935
Section 1. (7) No law shall be made
respecting an establishment
of
religion, or prohibiting the free
exercise thereof, and 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.

US
Article [I] (Amendment 1 - Freedom of
expression and religion)
Congress
shall
make
no
law
respecting an establishment
of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press; or
the right of the people peaceably to
assemble, and to petition the
Government
for
a
redress
of
grievances.

1973
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.

1935
Section 1. (4) The liberty of abode
and of changing the same within the
limits prescribed by law shall not be
impaired.

US

1973
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.

1935

US

Right to Form Associations (J)

1987
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.

1973
SEC. 7. The right to form associations
or societies for purposes not contrary
to law shall not be abridged.

1935
Section 1. (6) The right to form
associations or societies for purposes
not contrary to law shall not be
abridged.

US

Just Compensation in Taking of Private Property


1987
1973
Section 9. Private property shall not SEC. 2. Private property shall not be
be taken for public use without just taken for public use without just
compensation.
compensation.

1935
Section 1. (2) Private property shall
not be taken for public use without
just compensation.

US
Article [V] (Amendment 5 - Rights of
Persons)
No person shall be held to answer for
a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be
subject for the same offence to be
twice put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due
process of law; nor shall private
property be taken for public use,
without just compensation.

Non-Impairment Clause (K)


1987
Section 10. No law impairing the
obligation of contracts shall be
passed.

1935
Section 1. (10) No law impairing the
obligation of contracts shall be
passed.

US
Article I (Article 1 - Legislative)
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or

1973
SEC. 11.
obligation
passed.

No law impairing the


of contracts shall be

Law impairing the Obligation


Contracts, or grant any Title
Nobility.

Free Access to Courts (L)


1987
Section 11. Free access to the courts
and
quasi-judicial
bodies
and
adequate legal assistance shall not
be denied to any person by reason of
poverty.

1973
SEC. 23. Free access to the courts
shall not be denied to any person by
reason of poverty.

1935
Section 1. (21) Free access to the
courts shall not be denied to any
person by reason of poverty.

of
of

US

Miranda Doctrine1 (M)


1987
Section 12. (1) Any person under
investigation for the commission of
an offense 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.
(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.
(3) Any confession or admission
obtained in violation of this or Section
17 hereof shall be inadmissible in
evidence against him.

1973
SEC. 20. No person shall be
compelled to be a witness against
himself.
Any
person
under
investigation for the commission 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.

1935

US
Article [V] (Amendment 5 - Rights of
Persons)
No person shall be held to answer for
a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be
subject for the same offence to be
twice put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due
process of law; nor shall private
property be taken for public use,
without just compensation.
Article [VI] (Amendment 6 - Rights of
Accused in Criminal Prosecutions)
In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial, by an

Miranda v. Arizona 384 U.S. 436 (1966). FACTS: On March 13, 1963, Ernesto Miranda, was arrested at his home and taken in custody to a Phoenix police station. He was there identified by the
complaining witness. The police then took him to "Interrogation Room No. 2" of the detective bureau. There he was questioned by two police officers. The officers admitted at trial that Miranda was not
advised that he had a right to have an attorney present. [n66] Two hours later, the [p492] officers emerged from the interrogation room with a written confession signed by Miranda. At the top of the
statement was a typed paragraph stating that the confession was made voluntarily, without threats or promises of immunity and "with full knowledge of my legal rights, understanding any statement I
make may be used against me. At his trial before a jury, the written confession was admitted into evidence over the objection of defense counsel, and the officers testified to the prior oral confession
made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently. On
appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession, and affirmed the conviction.
The Warren Court held that it is clear that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be
compelled to incriminate himself effectively protected in any other manner. Without these warnings, the statements were inadmissible. The mere fact that he signed a statement which contained a typedin clause stating that he had "full knowledge" of his "legal rights" does not approach the knowing and intelligent waiver required to relinquish constitutional rights.
The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to
secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a
continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may
be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made
voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning.
Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or
volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

impartial jury of the State and district


wherein the crime shall have been
committed, which district shall have
been previously ascertained by law,
and to be informed of the nature and
cause of the accusation; to be
confronted with the witnesses against
him; to have compulsory process for
obtaining witnesses in his favor, and
to have the Assistance of Counsel for
his defence.

(4) 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.

Right to Bail (N)


1987
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.

1973
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.

1935
Section 1. (16) All persons shall
before conviction be bailable by
sufficient sureties, except those
charged with capital offenses when
evidence of guilt is strong. Excessive
bail shall not be required.

US
Article [VIII] (Amendment 8 - Further
Guarantees in Criminal Cases)
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments
inflicted.

Constitutional Rights of the Accused (O)


1987
1973
Section 14. (1) No person shall be SEC. 17. No person shall be held to
held to answer for a criminal offense answer for a criminal offense without
without due process of law.
due process of law.

1935
Section 1. (15) No person shall be
held to answer for a criminal offense
without due process of law.

US
Article [VI] (Amendment 6 - Rights of
Accused in Criminal Prosecutions)
In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial, by an
impartial jury of the State and district
wherein the crime shall have been
committed, which district shall have
been previously ascertained by law,
and to be informed of the nature and
cause of the accusation; to be
confronted with the witnesses against

(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

xxx

xxx

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

(17) In all criminal prosecutions the


accused shall be presumed to be
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 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.

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.

the accusation against him, to have a


speedy and public trial, to meet the
witnesses face to face and to have
compulsory process to secure the
attendance of witnesses in his behalf.

him; to have compulsory process for


obtaining witnesses in his favor, and
to have the Assistance of Counsel for
his defence.

10

Habeas Corpus (P)


1987
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.

Speedy Disposition of Cases (Q)


1987
Section 16. All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasijudicial, or administrative bodies.

Self-Incrimination (R)
1987
Section 17. No person shall be
compelled to be a witness against
himself.

1973
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.

1935
Section 1. (14) The privilege of the
writ of habeas corpus shall not be
suspended except in cases of
invasion, insurrection, or rebellion,
when the public safety requires it, in
any of which events the same may
be suspended wherever during such
period the necessity for such
suspension shall exist.

US
Article I (Article 1 - Legislative)
Section 9

1973
SEC. 16. All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasijudicial, or administrative bodies.

1935

US

1973
SEC. 20. No person shall be
compelled to be a witness against
himself.
Any
person
under
investigation for the commission 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.

1935
Section 1. (18) No person shall be
compelled to be a witness against
himself.

US
Article [V] (Amendment 5 - Rights of
Persons)
No person shall be held to answer for
a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be
subject for the same offence to be
twice put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due
process of law; nor shall private
property be taken for public use,
without just compensation.

2: The Privilege of the Writ of Habeas


Corpus shall not be suspended,
unless when in Cases of Rebellion or
Invasion the public Safety may
require it.

11

Non-Detention by Reason of Political Beliefs or Aspirations (S)


1987
1973
Section 18. (1) No person shall be n/a
detained solely by reason of his
political beliefs and aspirations.

Involuntary Servitude (T)


1987
Section 18.
xxx

1973
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.

(2) No involuntary servitude in any


form shall exist except as a
punishment for a crime whereof the
party shall have been duly convicted.

1935
n/a

US

1935
Section 1. (13) No involuntary
servitude in any form shall exist
except as a punishment for crime
whereof the party shall have been
duly convicted.

US
Article XIII (Amendment 13 - Slavery
and Involuntary Servitude)
Neither slavery nor involuntary
servitude, except as a punishment for
crime whereof the party shall have
been duly convicted, shall exist
within the United States, or any place
subject to their jurisdiction.
Congress shall have power to enforce
this article by appropriate legislation.

Prohibited Punishments (U)


1987
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.

1973
SEC. 21. Excessive fines shall not be
imposed, nor cruel or unusual
punishment inflicted.

1935
Section 1. (19) Excessive fines shall
not be imposed, nor cruel and
unusual punishment inflicted.

US
Article [VIII] (Amendment 8 - Further
Guarantees in Criminal Cases)
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments
inflicted.

(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.

12

Non-Imprisonment for Debt (V)


1987
Section 20. No person shall be
imprisoned for debt or non-payment
of a poll tax.

1973
SEC. 13. No person shall be
imprisoned for debt or non-payment
of a poll tax.

1935
Section 1. (12) No person shall be
imprisoned for debt or nonpayment
of a poll tax.

US

13

Double Jeopardy (W)


1987
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.

1973
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.

1935
Section 1. (20) 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.

US
Article [V] (Amendment 5 - Rights of
Persons)
No person shall be held to answer for
a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be
subject for the same offence to be
twice put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due
process of law; nor shall private
property be taken for public use,
without just compensation.

Ex Post Facto Law or Bill of Attainder (X)


1987
1973
Section 22. No ex post facto law or SEC. 12. No ex post facto law or bill
bill of attainder shall be enacted.
of attainder shall be enacted.

1935
Section 1. (11) No ex post facto law
or bill of attainder shall be enacted.

US
Article I (Article 1 - Legislative)
Section 9
3: No Bill of Attainder or ex post facto
Law shall be passed.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of
Contracts, or grant any Title of
Nobility.

14

15

Granting Title of Royalty or Nobility


1987
1973
n/a
SEC. 10. No law granting a title of
royalty or nobility shall be enacted.

1935
Section 1. (9) No law granting a little
of nobility shall be enacted, and no
person holding any office of profit or
trust shall, without the consent of the
National
Assembly,
accept
any
present, emolument, office, or title of
any kind whatever from any foreign
state.

US
Article I (Article 1 - Legislative)
Section 9
8: No Title of Nobility shall be granted
by the United States: And no Person
holding any Office of Profit or Trust
under them, shall, without the
Consent of the Congress, accept of
any present, Emolument, Office, or
Title, of any kind whatever, from any
King, Prince, or foreign State.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of
Contracts, or grant any Title of
Nobility.

16