Beruflich Dokumente
Kultur Dokumente
CABRERA
REVIEW
4B
SARMIENTO
CONSTITUTIONAL LAW
COMMISSIONER RENE
1973 Constitution
1987 Constitution
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.
Differences
1.Shall not be
violated to shall be
inviolable.
2.In the 1973
Constitution, the
probable cause for
the issuance of
search warrant or
warrant of arrest
may be determined
not only by the judge
but also by a
responsible officer. In
the 1987
Constitution, it is
only the judge who
will determine
personally if there is
probable cause to
issue a search
warrant or warrant of
arrest.
to be seized.
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.
(2) Any evidence
obtained in violation
of this or the
preceding section
shall be inadmissible
for any purpose in
any proceeding.
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 of
grievances.
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
The phrase as
prescribed by law in
the 1987
Constitution is
absent in the 1973
Constitution.
or political rights.
1. The liberty of
changing the
abode in the
1987
Constitution is
absent in the
1973
Constitution.
2. The phrase
within the
limits
prescribed by
law in the
1987
Constitution is
not present in
the 1973
Constitution.
3. The exceptions
in the interest
of national
security, public
safety, and
public health
only
encompass the
right to travel
in the 1987
Constitution. In
the 1973,
Constitution,
the exceptions
encompass the
liberty of
abode and of
travel.
In the 1987
Constitution, the
right now covers
government research
data used as basis
for policy
development.
In the 1973
Constitution, the
right only covers
decisions, shall be
afforded the citizen
subject to such
limitations as may
be provided by law.
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. 2. Private
property shall not be
taken for public use
without just
compensation.
SEC. 11. No law
impairing the
obligation of
contracts shall be
passed.
SEC. 23. Free access
to the courts shall
not be denied to any
person by reason of
poverty.
Section 9. Private
property shall not be
taken for public use
without just
compensation.
Section 10. No law
impairing the
obligation of
contracts shall be
passed.
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.
information on
matters of public
concern, access to
official records and
to documents and
papers pertaining to
official acts,
transactions, or
decisions.
1. The 1973
Constitution is
more general
because it
involves
everyone. In
the 1987
Constitution, it
became more
specific
because it also
involved
employees in
the public and
private
sectors.
2. The 1987
Constitution
added UNION.
In the 1987
Constitution, the
indigents can also
have free access to
quaci-judicial bodies.
Adequate legal
assistance shall not
be denied by reason
of poverty.
The 1973
Constitution only
covered the courts.
1. Section 20 of the
1973 Constitution
incorporates the
right against selfincrimination while in
Section 12 of the
1987 Constitution,
said right is not
found.
2.The counsel in the
1987 Constitution
should be a
competent and
independent counsel
and said counsel
must be preferably
the choice of the
accused.
Furthermore, if the
person cannot afford
the services of
counsel, he will be
provided with one by
court. The rights in
sec 12 (1) can only
be waived in writing
and in the presence
of counsel.
3. In the 1987
Constitution, Secret
detention places,
solitary,
incommunicado, or
other similar forms
of detention are
prohibited.
4. The 1987
Constitution provides
for penal and civil
sanctions for
violation of this
section as well as
compensation to and
rehabilitation of
victims of torture or
similar practices,
and their families.
In the 1987
Constitution, section
17 and 19 of the
1973 Constitution
process of law.
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.
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.
The 1973
Constitution includes
imminent danger.
The 1987
Constitution does
not.
1973 Constitution
does not talk about
the prohibition of the
detention of a
person because of
his political beliefs
and aspirations.
The 1987
Constitution became
more mindful of the
rights of the
Section 17 of the
1987 Constitution
only provides for the
right against selfincrimination.
The second and third
sentences of section
20 of the 1973
Constitution were
omitted in section 17
of the 1987
Constitution.
inflicted.
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.
accused. Death
penalty, generally,
cannot be imposed
unless there are
compelling reasons
involving heinous
crimes and the
Congress provides
for it. There is also a
reduction of
sentence,
particularly from
death penalty to
reclusion perpetua.
enacted.