This document outlines provisions in the Bill of Rights regarding unreasonable searches and seizures, privacy, freedom of speech and expression, freedom of religion, liberty of abode and travel, and access to public records. It discusses that warrants are required for searches and arrests, with some exceptions. Probable cause must be determined by a judge. Privacy of communication is also protected, except with a court order. Freedom of speech is not absolute and has limitations such as libel, slander and speech that provokes violence. There is also separation of church and state, with freedom to practice any religion.

1. Bill of Rights
(Section 2)

2. Article-III, Section-II
“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, particularly describing
the place to be searched and the
persons or things to be seized.”

3. Article-III, Section-II
• The purpose of Section-II is to protect the
privacy and the sanctity of the person and
of his house and other possessions (papers,
documents, effects, etc.) found therein
against arbitrary intrusions by agents of the
state.

4. Article-III, Section-II
• Search Warrant – is an order in writing,
issued in the name of the people of the
Republic of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for a certain
personal property and bring it before the
court.

5. Article-III, Section-II
•Warrant of Arrest
• A written order in writing to arrest a person,
i.e., to take him into custody in order that he
may bound to answer for the commission of an
offense

6. Article-III, Section-II
 A Valid Search Warrant and warrant of
Arrest must have Probable Cause.
 Probable Cause – means there are facts and
circumstances attending the issuance of
warrant sufficient to induce a prudent and
cautious judge to rely on them.
 The Probable Cause must be determined
personally by the judge.
 The Warrant must particularly describe the
place to be searched, or the person or things
to be seized.

7. Article-III, Section-II
 Search and Seizures can be made without Warrant
in the following instances:
a. When there is consent or waiver – that is if a Peace
Officer has been granted consent to enter the
premise of another for the purpose of search and
seizure;
b. Where search is an incident to a lawful arrest – say, a
pickpocket caught in flagrante delicto, can be
searched for his loot;
c. When an officer making the search has reasonable
cause to conduct it in a vehicle believed to be
containing contraband or forfeited goods – because
the vehicle can get away before a warrant is secured.
d. When the possession of articles prohibited by law is
disclosed to plain view (plain view rule)

8. Article-III, Section-II
Note:
Inspection conducted by Health and Sanitary
inspectors in restaurants in the exercise of
“state police power” in view of enforcing laws
on public health or by labor inspectors of
companies acting on a complaints of its
workers for possible violation of labor laws and
the Bureau of Internal Revenue examiner of
financial records of companies, need not have
warrant. The same is true of routinary searches
made at the border or ports of entry in the
interest of national security

9. Article-III, Section-II
• A private individual can arrest a
criminal even without a warrant,
this is called “CITIZEN ARREST”.

10. Warrantless Arrest
Flagrante Delicto
(Caught in the Act);
•Person to be arrested
has committed, is
actually committing,
is attempting to
commit an offense;
• Such commission is in
the presence of the
arresting individual;
•Arresting individual
has personal
knowledge of such
commission.
Hot Pursuit Operation;
• Hot Pursuit Arrest
takes effect when a
crime has just in fact
been committed and
the arresting officer
or private individual
has probable cause to
believe based on
personal facts or
circumstances that
the person to be
arrested has
committed it.
Arrest of Fugitive.
•Arrest of Fugitive –
When a person to be
arrested is a prisoner
who escaped from a
penal establishment
or place where he is
serving final judgment
or temporarily
confined while his
case is pending or has
escaped while being
transferred from one
confinement to
another.

11. Article-III, Section-3
1. The Privacy of communication and
correspondence shall be 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 violation of this or
the preceding section shall be inadmissable
for any purpose in any proceeding.

12. Article-III, Section-3
• Explanation:
 Every person has the right to keep his
communication or correspondence a
secret. His communication with others by
phone or by letter is a personal or private
matter that nobody should intrude upon.
But this right can be lawfully suspended
upon order of the court if the safety and
security of the people is at stake.

13. Article-III, Section-3
• Illustration:
• A telephone conversation between two (2)
drug pushers secretly recorded by police
officers by tapping its wire without court
order is not acceptable. As evidence in
court due to the privacy of communication
enshrined in the Philippine Constitution.
However, recording of conversation
through telephone extension is not a
violation of the Anti-Wire Tapping Law.

14. Limitations of the right
• Permissible interference
a) Upon lawful order of the court
b) When public safety or order requires
otherwise as prescribed by law

15. Article-III, 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 government for
redress of grievances.”

16. Article-III, Section-4
• Four (4) Important Rights Embodied in
Article III, Section 4:
1. Freedom of Speech;
2. Right to a Free Press;
3. Freedom of Assembly;
4. The Right of Petition.
Lecture of Mr. John Torres – Philippine Government and Constitution
Social Science-I

17. Article-III, Section-4
1. Freedom of Speech – means an individual is
free to speak or utter whatever he wants
without prior restraint.
2. Right to a Free Press – means an individual is
free to write, publish, and circulate whatever he
pleases without restraint.
 Speech and expression refer to any form of oral
utterances, while press covers every sort of publication
such as newspapers, magazines, books, leaflets, and the
like. Radio and television are also included. Freedom of
speech and expression and freedom of the press are
collectively called Freedom of Expression.

18. Article-III, Section-4
3. Freedom of Assembly – refers mainly to
peaceful demonstrations related to
public affairs.
4. The Right of Petition - to take up one’s
grievances with government without
fear of persecution.

19. Importance of the guarantee
1. Promote growth of the individual and the
nation
2. Makes possible scrutiny of acts and
conduct of public officials
3. Insures a responsive and popular
government

20. Article-III, Section-4
• Freedom of Speech is not absolute,
neither is a Free Press.
• Limitations to Freedom of Speech
• Severe calumny;
• Anything lewd or obscene;
• Anything that provokes violence or disorder;
• Seditious messages;
• “Clear and present danger”.

21. Article-III, Section-4
• Forms of Calumny
• Libel - untruthful information/character assassination
in written, and using print or broadcast media.
• Slander - spoken untruthful information / character
assassination .
• Clear and Present Danger – if the uttered
threat seems serious (i.e. the intent
appears to be serious), immediate, grave
and realistic and it will likely lead to an evil


22. Article-III, 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 tests
shall be allowed for the exercise of civil
or political rights..”

23. Article-III, Section-5
• This provision is an implement to the
doctrine of separation of church and
state.
• However, the members of a religious
organization cannot use religious
profession as a justification in
committing crimes.
• Thus, a religious sect using human beings as
sacrifice for their god is not immune from
criminal suit.

24. Article-III, 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. The right to
travel shall not impaired except in the
interest of national security, public
safety, or public health, as may be
provided by law ”

25. The liberty of abode and travel
• It is the right of a person to have his home
in whatever place chosen by him and
thereafter to change it at will, and to go
where he pleases, without interference
from any source

26. Article-3 Section-7
• The right of the people on matters of public
concerns shall be recognized. Accessed to
official records and to documents and
papes pertaining to official acts,
transaction, 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

27. Scope of the right
• The right embraces all public records
• It is limited to citizens only but is without
prejudice to the right of the aliens to have
access to records of cases where they are
litigants
• Its exercise is subject to such limitations as
may be provided by law

28. Article-3 Section-7
“Freedom of the Press and freedom of
access to information bearing on
governmental decision are fundamental
elements of Popular Sovereignty”.
People have access to public records such as
records of a case in court subject to
reasonable rules and regulations, except
when it is very clear that the purpose of
examination of public record is unlawful,
sheer or idle curiosity.

29. Writ of habeas data
• A judicial remedy available to any individual
whose right to privacy in life, liberty, or
security is violated or threatened by
unlawful act or omission of a public official
of employee or of a private individual or
entity engaged in the gathering, collecting,
or storing of data or information regarding
the person, family, home and
correspondence of the aggrieved party

30. -
end-