ARTICLE III

BILL OF RIGHTS

Sec. 6
The liberty of abode and 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.

 Liberty abode and travel

-the right of a person to have his
home in whatever place chosen by him
and thereafter to change it at all, to go
where he pleases.
Limitations on the right:
-the phrases except upon lawful order
of the court and except in the interest
of national security, public safety, or
public health means subject to the
dominant police power of the State.

Sec. 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

Right to information on matters of

public concern.
The arguments given for the inclusion of Sec. 6
(now Sec. 7) 1973 constitution Are:
It is in consonance with the principle of
popular sovereignty. In a democratic society,
the sovereign people have the right off
access to the records of their government.
It will enable the people to participate more
effectively in governmental affairs especially
in questioning the acts of the authorities.

 It will make denunciation of

government more factual,
responsible, and effective;
It will provide a deterrent to the
commission of venalities because of
the resulting awareness of officials
that their acts will be exposed to the
full light of public scrutiny; and
It will reduce public suspicion of
officials and thus foster rapport and

Scope of the right

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

 Limitations on the right:

- It is recognized that records involving
the security of the State or which are
confidential in character should be
excepted.

Sec. 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.
Right to form associations the freedom to
organize or to be a member of any group or
association, union, or society and to adopt the
rules which the members judge most appropriate
to achieve their purpose.

 Purposes of the guarantee;

-The purpose of the constitutional
guarantee is to encourage the formation of
voluntary associations so that through the
cooperative activities of individuals, the
welfare of the nation may be advanced and
the govt may thereby receive assistance in
its ever-increasing public service activities.

 By enabling individuals to unite in the

performance of tasks which singly they would be
unable to accomplish, such associations relieve
the govt of a vast garden. The needs of social
body seek satisfaction in one form or the other,
and they are not secured by voluntary means,
the assistance of the govt will inevitably
invoked.
Limitations on the right:
-The right to form associations or societies may be
abridged or interfered with by the State in the
exercise of its police power.(see Sec. 9)The
meaning of the phrase for purposes not contrary
to law.

Sec. 9
Private property shall not be taken for
public use without just compensation.
-Essentials or inherent powers of
government
Totality of governmental power;
a) Power of eminent domain,
b) police power,
c) Power of taxation

These powers are similar in the ff. respects:

They all rest upon necessity because there
can be no effective government without
them;
They are inherent in sovereignty; hence, they
can be exercised even without being
expressly granted the Constitution although
the conditions for their exercise may be
regulated and limited by the Constitution and
by law;
There are ways by which the State interferes
with private rights and property;
They are all legislative in character; and
They all presuppose an equivalent

 Eminent domain
- The right or power of the state or of
those to whom the power has been
lawfully delegated to take private
property for public use upon paying
to the owner a just compensation to
be ascertained according to law.

Limitations upon its exercise.

Existence of public use- may be identified with
public benefit, public utility. or public
advantage.
Payment of just compensation- under the Local
Government Code, the amount to be paid for
the expropriated property shall be determined
by the proper court, based on the fair market
value at the time of the taking of the property.
Observance of due process of law in the takingProcedural due process requires the owner
shall have due notice and hearing in the
expropriation proceedings. (see Sec. 1)

 Meaning of taking
a) Actual physical seizure not essentialTaking under the power of eminent
domain refers not simply to actual
physical seizure or appropriation of the
property but also to its destruction or
impairment, or to limitation of its usual
and necessary employment or use by
its power, not as a consequence of
police power.
b) The taking must be direct