# Bayanihan Constitution/Article III

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE III BILL OF RIGHTS
SECTION 1. The rights under this article are demandable against the State and non-state actors and their enforcement shall be consistent with international standards.
A. CIVIL AND POLITICAL RIGHTS
SECTION 2. 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 3. The right of persons to privacy shall be inviolable. Without lawful court order, all interference in personal and domestic relations, correspondence, and data are proscribed.
SECTION 4. Data obtained about a person shall be used and processed only for purposes authorized by law.
A person has the right to inquire from any government office or agency the information or data that has been obtained, stored, or processed about himself, and to demand, that such data and information be corrected or deleted, or in case of a private entity or person, that their use be enjoined.
SECTION 5. (a) 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. 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.
(b) The prohibition against unreasonable searches and seizure shall extend to the conduct of unlawful unreasonable surveillance through technological, electronic, or any other means. In addition to the requirements for the issuance of a search warrant, a surveillance warrant shall particularly describe:
    1) The purpose of the surveillance and the period within which the surveillance may be conducted;
    2) The target individuals or entities and the type of information sought;
    3) The manner by which the surveillance is to be conducted and the means to be used, which as far as practicable shall be limited to achieve the purpose of the surveillance and to acquire the type of information sought; and
    4) The period within which the applicant may store recorded information, which shall be consistent with the purpose of the surveillance.
(c) No surveillance warrant shall be granted except upon a showing that there are no other reasonable means of obtaining the information or evidence sought in the application.
(d) The court shall specify the time for the service of the warrant, which may be after the conduct of the surveillance. Only information necessary to achieve the purpose of the warrant shall be admitted in evidence. All other information acquired shall be destroyed and deemed inadmissible for any purpose in any proceedings.
SECTION 6. The privacy of communication in any form shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
Any evidence obtained in violation of Sections 4, 5, and 6 shall be inadmissible for any purpose in any proceeding.
SECTION 7. 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 government for redress of grievances. For this purpose, the local government units shall, among other things, establish appropriate freedom parks for the peaceful assembly of the people.
SECTION 8. No law shall be enacted that establishes, favors, or suppresses religion or its rejection, or that prohibits the free exercise and public expression of fundamental religious belief. 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 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 national security, public safety, or public health, as may be provided by law.
SECTION 10. 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.
SECTION 11. 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.
SECTION 12. Private property shall not be taken for public use without just compensation.
SECTION 13. No law impairing the obligation of contracts shall be passed.
SECTION 14. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, rebellion, or lawless violence, when the public safety requires it. Even when the privilege of the writ of habeas corpus is suspended, the privilege of the writs of amparo and habeas data, and other protective writs may still be resorted to unless prejudicial to public order.
SECTION 15. Free access to the courts and quasi-judicial bodies, and adequate legal assistance, shall not be denied to any person by reason of poverty.
Members of the Philippine Bar may be required by the Supreme Court to provide free assistance to indigents before courts and quasi-judicial bodies, and for other legal services.
SECTION 16. (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 a competent and independent 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 20 hereof shall be inadmissible in evidence against him.
(4) The Congress shall by 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.
SECTION 17. (a) All persons accused of any crime shall be entitled to bail or to be released on recognizance. This right shall not be available in cases where the imposable penalty is reclusion perpetua or higher, and the evidence of guilt is strong as determined in summary proceedings.
(b) When an indigent person is charged with an offense that would entitle him to probation and the risk of flight is low, he may be released on recognizance.
(c) The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
(d) Excessive bail shall not be required.
SECTION 18. 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.
SECTION 19. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
SECTION 20. No person shall be compelled to be a witness against himself.
SECTION 21. 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.
SECTION 22. (a) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall 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.
(b) 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, is prohibited. It shall be the duty of the Federal Government, the Federated Regions, and their local government units to provide for humane and adequate penal facilities
(c) Persons unjustly and wrongfully accused, convicted, and imprisoned but subsequently acquitted shall be provided compensation by the State as provided by law.
SECTION 23. No person shall be imprisoned for debt or non-payment of a poll tax.
SECTION 24. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a federal law, regional law, or an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Provided, however, that double jeopardy shall not attach where the offended party is deprived of due process or where there is a finding of mistrial, or when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction.
SECTION 25. No ex post facto law or bill of attainder shall be enacted.
B. SOCIAL AND ECONOMIC RIGHTS
SECTION 26. Every person has the right to:
(a) Adequate food;
(b) Universal and comprehensive healthcare;
(c) Complete, quality education;
(d) Adequate and decent housing; and
(e) Livelihood and employment opportunities.
SECTION 27. The Federal Republic shall adopt measures to guarantee the progressive realization of these rights.
{{c|C. ENVIRONMENTAL AND ECOLOGICAL RIGHTS
SECTION 28. Every person in every generation has the right to:
(a) A healthful environment and a balanced ecology, clean air, clean water, clean soil, and clean surroundings;
(b) Be protected from and seek compensation for damage to environment and ecology that is brought about by illegal and unsustainable exploitation of natural resources; and
(c) Seek immediate relief from the courts and appropriate governmental bodies through the writ of kalikasan and other protective writs against activities that threaten the environment and ecological balance.
All doubts shall be resolved in favor of the right of the people to a healthful and balanced ecology.
This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176).
All official Philippine texts of a legislative, administrative, or judicial nature, or any official translation thereof, are ineligible for copyright.
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