Professional Documents
Culture Documents
Bill of Rights Handout
Bill of Rights Handout
Provincial Board
of Mindoro (1919)]
It is a declaration and enumeration of a person's
fundamental civil and political rights. It also
Property is anything that can come under the right of
imposes safeguards against violations by the
ownership and be the subject of contract. It represents
government, by individuals, or by groups of
more than the things a person owns; it includes the right
individuals.
to secure, use and dispose of them. [Torraco v.
“The Bill of Rights governs the relationship
Thompson, 263 US 197]
between the individual and the state. Its concern
is not the relation between individuals, between EQUAL PROTECTION
a private individual and other individuals.
What the Bill of Rights does is to declare some Equal protection requires that all persons or
forbidden zones in the private sphere things similarly situated should be treated alike,
inaccessible to any power holder.” (Sponsorship both as to rights conferred and responsibilities
Speech of Commissioner Bernas, Record of the imposed. Similar subjects, in other words,
Constitutional Commission, Vol. 1, p. 674; July should not be treated differently, so as to give
17, 1986; Emphasis supplied) [People v. Marti undue favor to some and unjustly discriminate
(1991) against others.
It is generally self-executing. The guarantee means that no person or class of
Article III contains the chief protection for human persons shall be denied the same protection of
rights but the body of the Constitution laws which is enjoyed by other persons or other
guarantees other rights as well. classes in like circumstances. [City of Manila v.
Laguio (2005) citing Ichong v. Hernandez
DUE PROCESS (1957)]
Due process of law simply states that “[i]t is part SEARCHES AND SEIZURES
of the sporting idea of fair play to hear "the other
side" before an opinion is formed or a decision is The right of the people to be secure in their
made by those who sit in judgment.” [Ynot v. persons, houses, papers, and effects against
IAC (1987)] unreasonable searches and seizures of
It covers any governmental action which whatever nature and for any purpose shall
constitutes a deprivation of some person's life, be inviolable, and no search warrant or warrant
liberty, or property. of arrest shall issue except upon probable cause
“A law which hears before it condemns, which to be determined personally by the judge after
proceeds examination under oath or affirmation of the
upon inquiry and renders judgment only after complainant and the witnesses he may
trial” produce, and particularly describing the place to
[Darthmouth College v. Woodward, 4 Wheaton be searched and the persons or things to be
518] seized. [Art. III, Sec. 2
It may be invoked only by the person entitled to
it. [Stonehill v. Diokno (1967)]
Life includes the right of an individual to his body in its It may be waived expressly or impliedly only by
completeness, free from dismemberment, and extends the person whose right is invaded, not by one
to the use of God-given faculties which make life who is not duly authorized to effect such waiver.
enjoyable. [People v. Damaso (1992)]
CUSTOMS SEARCH
Searches of vessel and aircraft for violation of In satisfying himself of the existence of probable cause
immigration and smuggling laws [Papa v. Mago (1968)]. for the issuance of a warrant of arrest, the judge is
notrequired to personally examine the complainant and
his witnesses.
EXIGENT AND EMERGENCY CIRCUMSTANCES
The raid and seizure of firearms and ammunition at the Following established doctrine and procedure, he shall:
height of the 1989 coup-de-etat, was held valid,
considering the exigent and emergency situation. The (1)Personally evaluate the report and the supporting
military operatives had reasonable ground to believe that documents submitted by the fiscal regarding the
a crime was being committed, and they had no existence of probable cause and, on the basis thereof,
opportunity to apply for a search warrant from the courts issue a warrant of arrest; or
because the latter were closed. Under such urgency and (2)If he finds no probable cause, he may disregard the
exigency, a search warrant could be validly dispersed fiscal's report and require the submission of supporting
with [People v. de Gracia (1994)]. affidavits of witnesses to aid him in arriving at a
conclusion as to the existence of probable cause.
[Beltran v. Makasiar (1988)]
VISUAL SEARCH AT CHECKPOINTS
“Stop and search” without a warrant at military or police
checkpoints, which has been declared not to be illegal Existence of Probable Cause: Such facts and
per se so long as it is required by exigencies of public circumstances which would lead a reasonably
order and conducted in a way least intrusive to motorists discreet and prudent man to believe that an offense
[Valmonte v. de Villa (1989)]. has been committed by the person sought to be
arrested. [Webb v. De Leon (1995)]
(2) When an offense has just been committed and he Speech, expression, and press include:
has probable cause to believe based on personal (1) Written or spoken words (recorded or not)
knowledge of facts or circumstances that the person to (2) Symbolic speech (e.g. wearing armbands as symbol
be arrested has committed it; of protest)
(3) Movies
"Liberty" as understood in democracies, is not license; it The State shall provide the policy environment for the full
is "Liberty regulated by law." development of Filipino capability and the emergence of
communication structures suitable to the needs and
WHO MAY IMPAIR AND WHEN RIGHTS MAY BE aspirations of the nation and the balanced flow of
CURTAILED information into, out of, and across the country, in
Liberty of abode accordance with a policy that respects the freedom of
Who: courts (lawful order) speech and of the press. [Art. XVI, Sec. 10]
When:within limits prescribed by law
The executive of a municipality does not have the right SCOPE OF RIGHT TO ACCESS INFORMATION
to force citizens of the Philippine Islands to change their Essence: matters of public concern
(1) Official records
Includes the names of nominees of party-lists because
ultimately, the individual members and not the party The right to self-organization shall not be denied to
list itself will sit in Congress [Bantay Republic v. government employees. [Art. IX—B, Sec. 2(5)]
COMELEC (2007)] xxx. It shall guarantee the rights of all workers to
(2) Documents pertaining to official acts selforganization, collective bargaining and negotiations,
Includes negotiations leading to the consummation of and peaceful concerted activities, including the right to
the transaction. Otherwise, the people can never strike in accordance with law. They shall be entitled to
exercise the right if no contract is consummated, or if security of tenure, humane conditions of work, and a
one is consummated, it may be too late for the public living wage. They shall also participate in policy and
to expose its defects. Limited to definite propositions, decision-making processes affecting their rights and
see below. [Chavez v. PEA and Amari (2002)] benefits as may be provided by law. [Art. XIII, Sec. 3]
(3) Gov’t research data used as basis for policy
development Interpretation of “for purposes not contrary to law”: same
as clear and present danger rule, only such may justify
LIMITATIONS abridgement to the right to form association or society.
Restrictions to the right to information may be: [Gonzales v. COMELEC (1969)]
(1) Based on kinds of information
Exempted information:
(a) Privileged information rooted in separation of powers Scope: The right is recognized as belonging to people
(b) Information of military and diplomatic secrets whether employed or unemployed, and whether
(c) Information affecting national security employed in the government or in the private sector.
(d) Information on investigations of crimes by law Includes the right to unionize
enforcers before prosecution [Chavez v. PEA and
Amari, supra]
The State does not infringe on the fundamental right to
(e) Offers exchanged during diplomatic negotiations
form lawful associations when it leaves to citizens the
[Akbayan v. Aquino (2008)]
power and liberty to affiliate or not affiliate with labor
(2) Based on access:
unions. [Victoriano v. Elizalde (1974)]
(a) opportunity to inspect and copy records at his
expense. [Chavez v. PEA and Amari, supra]
(b) not the right to compel custodians of official records Every group has a right to join the democratic process,
to prepare lists, summaries and the like. [Valmonte association itself being an act of expression of the
v. Belmonte (1989)] member’s belief, even if the group offends the
(3) Based on reasonable regulation for the convenience sensibilities of the majority. Any restriction to such
of and for order in the office that has custody of the requires a compelling state interest to be proven by the
documents.[Baldoza v. Dimaano (1976)] State. [Ang Ladlad LGBT Party v. COMELEC (2010)]
Discretion does not carry with it the authority to
prohibit access, inspection, examination, or
copying.[Lantaco v. Llamas (1981)] The freedom of association presupposes a freedom not
(4) Based on Availability to associate. An organization may remove a member if:
Right available only to citizens (1) It is engaged in some form of expression, whether
public or private
PUBLICATION OF LAWS AND REGULATIONS (2) The forced inclusion of a member would significantly
General: Full publication is a condition for law’s affect the organization’s ability to advocate public or
effectivity. private viewpoints [Boy Scouts of America v. Dale
(2000)]
Effectivity: Fifteen days after publication unless a
different effectivity date is fixed by the legislature
[Tañada v. Tuvera (1986)] Note: Right to association and right to unionize of
government employees do not include the right to strike.
Right to Association
[SSS Employees Association v. CA (1989)]
The right of the people, including those employed in the
public and private sectors, to form unions, association, Eminent Domain
or societies for purposes not contrary to law shall not be
abridged. [Art. III., Sec. 8] It is the right of the government to take private property
with just compensation.
GENERALLY (3) Any confession or admission obtained in violation of
(1) Taking of Private Property this or Section 17 hereof shall be inadmissible in
(2) for Public Use, evidence against him.
(3) with Just Compensation, and (4) The law shall provide for penal and civil sanctions for
(4) Due Process. violations of this section as well as compensation to the
SPECIFICALLY (LGUs, Sec. 19, Local Government rehabilitation of victims of torture or similar practices,
Code) and their families. [Art. III, Sec. 12]
(1) Ordinance by a local legislature council is enacted
authorizing local chief executive to exercise eminent In Miranda v. Arizona: The Federal Supreme Court
domain, made it clear that what is prohibited is the
(2) For public use, purpose or welfare or for the benefit "incommunicado interrogation of individuals in a police
of dominated atmosphere, resulting in self- incriminating
the poor and of the landless, statements without full warnings of constitutional rights.”
(3) Payment of just compensation,
(4) Valid and definite offer has been previously made to
MIRANDA RIGHTS
owner of the property sought to be expropriated but
The person under custodial investigation must be
such offer was not accepted [Municipality of Parañaque
warned that:
vs. VM Realty (1998)]
(1) He has a right to remain silent;
Contracts Clause
(2) That any statement he makes may be used as
No law impairing the obligation of contracts shall be
evidence against him; and
passed. [Art. III, Sec. 10]
(3) That he has a right to the presence of an
attorney,
APPLICATION OF THE CONTRACT CLAUSE either retained or appointed.
Impairment is anything that diminishes the efficacy of the
CUSTODIAL INVESTIGATION
contract. [Clements v. Nolting (1922)]
Involves any questioning initiated by law enforcement
Legal Assistance and Free Access to Courts
Free access to the courts and quasi-judicial bodies and POLICE LINE-UPS
adequate legal assistance shall not be denied to any When petitioner was identified by the complainant at the
person by reason of poverty. [Art. III, Sec. 11] police line-up, he had not been held yet to answer for a
criminal offense. The police line-up is not a part of the
custodial inquest, hence, he was not yet entitled to
Indigent party. — A party may be authorized to litigate
counsel.
his action, claim or defense as an indigent if the court,
upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property Thus, it was held that when the process had not yet
sufficient and available for food, shelter and basic shifted from the investigatory to the accusatory as when
necessities for himself and his family. police investigation does not elicit a confession the
accused may not yet avail of the services of his lawyer.
Rights of Suspects
[Escobedo v. Illinois of the United States Federal
(1) Any person under investigation for the commission of
Supreme Court (1964)]
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 However, given the clear constitutional intent in the 1987
the person cannot afford the services of counsel, he Constitution, the moment there is a move or even an
must be provided with one. These rights cannot be urge of said investigators to elicit admissions or
waived except in writing and in the presence of confessions or even plain information which may appear
counsel. innocent or innocuous at the time, from said suspect, he
(2) No torture, force, violence, threat, intimidation, or any should then and there be assisted by counsel, unless he
other means which vitiate the free will shall be used waives the right, but the waiver shall be made in writing
against him. Secret detention places, solitary, and in the presence of counsel. [Gamboa vs. Cruz
incommunicado, or other similar forms of detention are (1988)]
prohibited.
WAIVER
REQUISITES What can be waived
Essence: Effective communication by the investigator of The right to remain silent and the right to counsel
rights of accused [People v. Agustin (1995)] What cannot be waived
The right to be given the MIRANDA warnings.
RIGHT TO BE INFORMED
Procedural due process requires that the accused must Upon the initiative of the President, the Congress may,
be informed why he is being prosecuted and what in the same manner, extend such proclamation or
charge he must meet. [Vera vs. People, supra] suspension for a period to be determined by the
Note: Description, not designation of offense, is Congress, if the invasion or rebellion shall persist and
controlling public safety requires it.
TRIALS IN ABSENTIA
WHEN CAN TRIAL IN ABSENTIA BE DONE The Supreme Court may: 1) review, 2) in an appropriate
3 requisites: proceeding; 3) filed by any citizen, 4) the sufficiency of
(1) Accused failed to appear for trial despite the factual basis of the proclamation of martial law or the
postponement suspension of the privilege of the writ or the extension
and notice thereof, and 5) must promulgate its decision thereon
(2) Failure to appear is unjustified within thirty days from its filing.
(3) After arraignment
If not then the right of the accused to be informed of the
nature and cause of accusation against him will be A state of martial law does not suspend the operation of
impaired for lack of arraignment [Borja vs. Mendoza the Constitution, nor supplant the functioning of the civil
(1977)] courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor
Writ of Habeas Corpus automatically suspend the privilege of the writ.
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. [Art. III, Sec. 15] The suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion.
The President shall be the Commander-in-Chief of all [Art. VII, Sec. 18]
armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or RESTRAINT OF LIBERTY
rebellion. Not only physical restraint, any restraint on freedom of
action is sufficient i.e (1) curtailed freedom of movement
by the condition that he must get approval of
In case of invasion or rebellion, when the public safety respondents for any travel outside Metro Manila, (2)
requires it, he may, for a period not exceeding sixty abridged liberty of abode because prior approval of
days, suspend the privilege of the writ of habeas corpus respondent is required in case petitioner wants to
or place the Philippines or any part thereof under martial change place of residence, (3) abridged freedom of
law. speech due to prohibition from taking any interviews
inimical to national security, and (4) petitioner is required
to report regularly to respondents or their reps.
Within forty-eight hours from the proclamation of martial [Moncupa v. Enrile (1986)
law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in
person or inwriting to the Congress.
Conditions for valid suspension: shall death penalty be imposed, unless, for compelling
(1) Presence of invasion, insurrection or rebellion reasons involving heinous crimes, the Congress
(2) Public safety requires it [Lansang v. Garcia (1971)] hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
Self-Incrimination Clause (2) The employment of physical, psychological, or
degrading punishment against any prisoner or detainee
No person shall be compelled to be a witness against or the use of substandard or inadequate penal facilities
himself. [Art. III, Sec. 17] under subhuman conditions shall be dealt with by law.
[Art. III, Sec. 19]
BILLS OF ATTAINDER
A bill of attainder is a legislative act which inflicts
punishment without judicial trial.