MARY GEANELLIE M.

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.

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

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.

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

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 inadmissible
for any purpose in
any proceeding.
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.
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 phrase as
prescribed by law in
the 1987
Constitution is
absent in the 1973
Constitution.

or political rights.

the exercise of civil

or political rights.

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.

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

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

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. 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.

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.

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.

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.
(4) The law shall
provide for penal

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

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.

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 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.

compensation to and
rehabilitation of
victims of torture or
similar practices,
and their families.

1.The 1987 speaks

of offenses
punishable by
reclusion perpetua
while in the 1973
Constitution, it only
speaks of capital
offenses.
The 1987
Constitution
recognizes
recognizance wile
the 1973
Constitution only
talks about sureties.
2. The 1973
Constitution talks
about the
suspension of the
privilege of habeas
corpus in cases
mentioned in section
15.
The 1987
Constitution provides
that the right to bail
shall not be impaired
even when the
privilege of the writ
of habeas corpus is
suspended.

SEC. 17. No person

shall be held to
answer for a criminal
offense without due

Section 14. (1) No

person shall be held
to answer for a
criminal offense

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.

without due process

of law.
(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.
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.

are put in one

section (section 14)

The 1973
Constitution includes
imminent danger.
The 1987
Constitution does
not.

SEC. 16. All persons

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

persons shall have
the right to a speedy
disposition of their
cases before all
judicial, quasijudicial, or
administrative
bodies.
Section 17. No
person shall be
compelled to be a
witness against
himself.

Section 18. (1) No

person shall be
detained solely by
reason of his political
beliefs and
aspirations.
(2) No involuntary
servitude in any form
shall exist except as
a punishment for a
crime whereof the
party shall have
been duly convicted.

1973 Constitution
does not talk about
the prohibition of the
detention of a
person because of
his political beliefs
and aspirations.

SEC. 21. Excessive

fines shall not be
imposed, nor cruel or
unusual punishment

Section 19. (1)

Excessive fines shall
not be imposed, nor
cruel, degrading or

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.

(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.
SEC. 13. No person
Section 20. No
shall be imprisoned
person shall be
for debt or nonimprisoned for debt
payment of a poll
or non-payment of a
tax.
poll tax.
SEC. 22. No person
Section 21. No
shall be twice put in
person shall be twice
jeopardy of
put in jeopardy of
punishment for the
punishment for the
same offense. If an
same offense. If an
act is punished by a
act is punished by a
law and an
law and an
ordinance, conviction ordinance, conviction
or acquittal under
or acquittal under
either shall
either shall
constitute a bar to
constitute a bar to
another prosecution
another prosecution
for the same act.
for the same act.
SEC.12.Noexpostfacto Section 22. No ex
post facto law or bill
laworbillofattainder
of attainder shall be
shallbeenacted.

All classes of torture

are prohibited and
the officer imposing
such should be
punished by the law.

enacted.