THE BILL OF RIGHTS enjoy its benefits and must bear its burden
(51 Am.Jur.34)
FUNDAMENTAL POWERS OF THE STATE
• They are exercised in the State and may
be exercised by it without need of express
constitutional grant
• They are not only necessary but
indispensable. The State cannot continue
or be effective unless it is able to exercise
them
• They are methods by which the State
interferes with private rights
• They all presuppose an equivalent
compensation for the private rights
interfered with
• They are exercised primarily by the
legislature
THE INHERENT (FUNDAMENTAL) POWERS OF
THE STATE
• POLICE POWER - considered most pervasive,
the least limitable, and the most demanding
of the three powers. It may be exercised as
long as the activity or property sought to be
regulated has some relevance to public
welfare (Gerochi v. DOE, GR 159796, July 17,
2007). It enables it to prohibit all that is
hurtful to the comfort, safety, and welfare of
society (Ermita-Malate Hotel and Motel
Operators Association Inc. v. Mayor of Manila,
GR No. L-24693, July 31, 1967)
• POWER OF EMINENT DOMAIN OR
EXPROPRIATION POWER - The power to
forcibly take private property for public use
upon the payment of just compensation
(SUAREZ,, supra at 125)
• TAXATION POWER - the power by which the
sovereign, through its law-making body,
raises revenue to defray the necessary
expenses of government. It is a way of
apportioning the costs of government among
those who in some measure are privileged to
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THE CONCEPT OF BILL OF RIGHTS
LIBERAL FRAMEWORK
• The Bill of Rights as a concept came from the
idea of Liberals emerged as a response to the
autocratic, Divine Right rule of the Monarchs
during the 17th Century.
• Like “liberty,” the word “liberal” is derived
from the Latin liber, meaning “free.” Liberals
see themselves as champions of individual
liberty who work to create or preserve an
open and tolerant society—a society whose
members are free to pursue their own ideas
and interests with as little interference as
possible.
• This has been their project since liberalism
began as a reaction against two features of
medieval society in Europe: religious
conformity and ascribed status.
• Manifestation of the prevalence of Liberal
Democratic set-up as suggested by the Social
Contract. Developed through the Declaration
of the Rights of Man and of the Citizen (1789)
– on French Revolution – and eventually
spread through Napoleon Bonaparte thru
Napoleonic Code (1804). United States later
adopted through several Amendments in its
Constitution.
THE SOCIAL CONTRACT
• Thomas Hobbes’s Leviathan (1651) -
All individuals are equal. Everyone has a
natural right to be free, and no one has
the right to rule another without that
person’s consent. However suggested a
distinctly illiberal conclusion that people,
for the sake of their security, must
voluntarily grant absolute power over
themselves to a sovereign ruler (The
Leviathan).
 • John Locke (1632–1704) - He defended
the right of the people to overthrow any
government that does not protect their
natural rights to life, liberty, and
property. The arguments he advanced—
the natural equality of men, natural
rights, government founded on the
consent of the governed—rule of the
people.
• Jean Jacques Rosseau’s Social Contract
(1762) – cemented the Social Contract
outlines how a government could exist in
such a way that it protects the equality
and character of its citizens. Rousseau
pointed in the book, “Man was/is born
free; and everywhere he is in chains.”
(Social Contract, Vol. IV, p. 131). But
unlike the first two Discourses, the Social
Contract looks forward, and explores the
potential for moving from the specious
social contract to a legitimate one.
Developed the concept of a Constitution
(as the Social Contract) and prevalence of
rule of law.
DIAGRAM OF BILL OF RIGHTS (THE SECOND
TREATISE OF GOVERNMENT/SOCIAL CONTRACT)
BILL OF RIGHTS - It is the set of prescriptions
setting forth the fundamental civil and political rights
of the individual, and imposing limitations on the
powers of government as a means of securing the
enjoyment of these rights.
It can be invoked in the absence of governmental
interference.
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Can only be applied against the State (Almost all
liberties are also guaranteed by Article 32 of the Civil
Code, thus can be invoked against individuals)
LIMITING POLICE POWER
JUSTIFICATION OF POLICE POWER
• Salus populi est suprema lex – the will of the
people is the supreme law
• Sic utere tuo ut alienum non laedas – use
your property so as not to injure the property
rights of others
• Dura Lex, Sed Lex – the law may be harsh,
but it is the law
ASPECTS OF POLICE POWER
• Public Health
• Public morals
• Public safety
• Public welfare
TESTS OF LIMITING POLICE POWER
• Lawful subject – The interests of the public
generally, as distinguished from those of a
particular class, require the exercise of the
police power
• Lawful means – The means employed are
reasonably necessary and not unduly
oppressive upon individuals
LIMITING EMINENT DOMAIN
JUSTIFICATION
Necessity of the property for public use (American
Print Works v. Lawrence, 23 N.J.L. 590)
CONDITIONS OF VALID EMINENT DOMAIN
• Taking of Private Property
• For public use
• Just compensation
• Observance of due process
 LIMITING TAXATION POWER
CONDITIONS ON VALID TAXES
• Enforced proportional contributions from
person and property
• Levied by the State by virtue of its
sovereignty
• For the support of the government
• For public needs
INHERENT LIMITATIONS
• Public Purpose
• Non-delegability of power
• Territoriality or suits of taxation
• Exemption of government from taxation
• International comity
PROGRESSIVE-PROPORTIONAL TAXATION – a tax
that takes larger percentage of income from high-
income groups than from low-incomes groups
(Progressive). In other cases, same percentage of
incomes from all income groups (Proportional). A
mixed system in the Philippines.
THE ARTICLE 3 OF THE 1987 CONSTITUTION
(CONSTITUTIONAL RIGHTS)
HIERARCHY OF LAWS
1. Constitution (Mother of all laws)
2. Statutes (laws made by the Congress)
3. Implementing Rules and Regulations
(guidelines made by the Implementing
agency – Executive Branch or the Cabinet)
4. Jurisprudence (decisions by the court)
DUE PROCESS AND EQUAL PROTECTION OF AW
THREE FUNDAMENTAL RIGHTS (arranged by
Hierarchy)
• Right to Life
• Right to Liberty
• Right to Property
No person shall be deprived of life, liberty or
property without due process of law… – ONLY DUE
PROCESS CAN REMOVE THESE THREE RIGHTS
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DUE PROCESS OF LAW
• There shall be a law prescribed in harmony
with the general powers of the legislature
• That it shall be reasonable in its operation
• That it shall be enforced according to the
regular methos of procedure prescribed
• That it shall be applicable alike to all citizens
of the State or to all of class
ASPECTS OF DUE PROCESS
• SUBSTANTIVE DUE PROCESS - This
serves as a restriction on the
government’s law an rule-making powers.
The interests of the public in general, as
distinguished from those of a particular
class, require the intervention of the state.
The means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive upon
individuals
• PROCEDURAL DUE PROCESS - Serves as
a restriction on actions of the judicial and
quasi-judicial agencies of the government.
Impartial court or tribunal clothed with
judicial power to hear and determine the
matters before it. Jurisdiction properly
acquired over the person of the defendant
and over property which is the subject
matter of the proceeding. Opportunity to
be heard. Judgement rendered upon
lawful hearing and based on evidence
adduced
…nor shall any person be denied the EQUAL
PROTECTION OF THE LAW. – interpretation of the
law should be equal to everyone or Jurisprudence
(law-like nature of all court decisions that should be
basis to future court decisions)
EQUAL PROTECTION OF THE LAW - It means that
all persons of things similarly situated should be
treated alike, both as to rights conferred and
responsibilities imposed.
 WARRANT OF ARREST AND SEARCH WARRANT
GENERAL RULE: All arrests and search of property
done by the State should have a Warrant of Arrest
and Search Warrant Respectively
EXCEPTION:
For Arrest:
• In Flagrante Delicto (caught on-the-spot)
• Hot Pursuit (chase after being caught)
• Escaped Prisoner or Detainee (Escaped
under legal custody)
For Search Warrant:
• Visual search is made of moving vehicle at
checkpoints
• Search is an incident to valid arrest
• Search of passengers made in airports
• When things seized are within plain view
of a searching party
• Stop and frisk (during arrest)
• When such is waived (e.g. mall checks)
WARRANT REQUIREMENT
• There should be a search warrant of warrant
of arrest
• Probable cause supported the issuance of
such warrant
• Such probable cause had been determined by
a judge
• Judge personally examined the complainant
and his witnesses
• The warrant must particularly describe the
place to be search and the persons or things
to be seized
PROBABLE CAUSE - Such facts and circumstances
antecedent t the issuance of a warrant that in
themselves are sufficient to induce of a warrant that
in themselves are sufficient to induce a cautious man
to rely on them and act in pursuance thereof.
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RIGHT TO PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCES
GENERAL RULE: All persons enjoy right to privacy
EXCEPTION: By lawful means order of the court.
Public safety or public order as prescribed by law
FRUIT OF POISONOUS TREE – any evidence illegally
obtained, in violation of the Right to Privacy, should
be inadmissible as evidence
FREEDOM OF EXPRESSION
CONCEPTS WITHIN FREEDOM OF EXPRESSION
• Freedom of Speech
• Freedom of the Press
• Right of Assembly and to petition the
government for redress of grievances
• Right to form associations or societies not
contrary to law
• Freedom of religion
• Right to access to information on matters
public concern
LIMITS OF FREEDOM OF EXPRESSION
• It should be exercised within the bounds of
laws enacted for the promotion of social
interests and the protection other equally
important individual rights
• Laws against obscenity, libel and slander
• Right to state/government to be protected
from seditious attacks
• Legislative immunities
• Fraudulent matters
• Advocacy of imminent lawless conducts
• Fighting words
• Guarantee implies only the right to reach a
willing audience but not the right to compel
others to listen, see or read
TESTS TO VALIDATE STATE INTERVENTION TO
FREEDOM OF SPEECH
• Clear-and-Present Danger Test – The
danger created must not only be clear and
present but also traceable
• Dangerous Tendency Test – Nature of
the circumstances under which the
 speech is uttered, tough the speech per se
not be dangerous
• Grave-but-improbable Danger Test –
Whether the gravity of the evil discounted
by its improbability, justifies such an
invasion of free speech as is necessary to
avoid the danger
• Balancing of interest Test - When
speech is in conflict with National
Security
• O’Brien Test – applies to a speech which
has “non-speech” elements yet creates
Danger or in imbalance with National
Security
FREEDOM OF RELIGION - Non-establishment clause.
Free exercise clause, or the freedom of religious
profession and worship
LIBERTY TO ABODE - Freedom to chose and change
one’s place of abode. The liberty of abode may be
impaired only upon lawful order of the court and
within the limits prescribed by law.
RIGHT TO TRAVEL - Freedom to travel within the
country and outside
RIGHT TO INFORMATION AND ACCESS TO PUBLIC
RECORDS - This covers the information on matters
of public concern. It pertains to access to official acts,
transactions or decisions, as well as to government
research data used as basis of policy development
EXCEPTIONS TO RIGHT TO INFORMATION AND
ACCESS TO PUBLIC RECORDS:
1. Information affecting national security,
military and diplomatic secrets. It also
includes inter‐government exchanges prior to
consultation of treaties and executive
agreement as may reasonably protect the
national interest
2. Matters relating to investigation,
apprehension, and detention of criminals
which the court may not inquire into prior to
arrest, prosecution and detention
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3. Trade and industrial secrets and other
banking transactions as protected by the
Intellectual Property Code and the Secrecy of
Bank Deposits Act
4. Other confidential information falling under
the scope of the Ethical Safety Act concerning
classified information
FREEDOM TO ASSOCIATION - The right to unionize
is an economic and labor right while the right to
association in general if civil-political right. Freedom
of association includes the freedom not to associate,
or, if one is already a member, to disaffiliate from the
association.
NON-IMPAIRMENT OF VALID CONTRACTS - Valid
contracts should be respected by the legislature and
not tampered with by subsequent laws that will
change the intention of the parties or modify their
rights and obligations. The will of the parties to a
contract must prevail.
LEGAL ASSISSTANCE AND FREE ACCESS TO
COURTS
• Those protected include low paid
employees, domestic servants and
laborers. (Cabangis v. Almeda Lopez, G.R.
No. 47685, September 20, 1940)
• They need not be persons so poor that
they must be supported at public expense.
It suffices that the plaintiff is indigent.
And the difference between paupers and
indigent persons is that the latter are
persons who have no property or sources
of income sufficient for their support
aside from their own labor though self
supporting when able to work and in
employment. (Acar v. Rosal, G.R. No.
L‐21707, March 18, 1967)
SUSPECT – A person thought to be guilty to be guilty
of a crime. No Probable Cause yet.
PRELIMINARY INVESTIGATION – an inquiry or
proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a
crime has been committed and the respondent
(suspect) is probably guilty.
RIGHTS AND LIMITATIONS OF PERSONS IN
PRELIMINARY INVESTIGATION
1. He cannot cross‐examine
2. No right to counsel except when confession is
being obtained
3. He cannot file complaint or information
without authority
4. Right to be present not absolute
5. No dismissal without approval
6. Right to discovery proceedings
MIRANDA RIGHTS – Rights that should be said
during presentation of warrant of arrest. Applied to
persons under custodial investigation.
MIRANDA RIGHTS:
1. Right to remain silent
2. Right to competent and independent counsel,
preferably of his own choice
3. Right to be reminded that if he cannot afford
the services of counsel, he would be provided
with one
4. Right to be informed of his rights
5. Right against torture, force, violence, threat,
intimidation or any other means which vitiate
the free will
6. Right against secret detention places, solitary,
incommunicado, or similar forms of detention
7. Right to have confessions or admissions
obtained in violation of these rights
considered inadmissible in evidence
(Miranda v Arizona, 384 US 436, 1966)
ACCUSED (DEFENDANT) – a person or group of
people who are charged with or on a trial for a crime.
With probable cause.
RIGHTS OF THE ACCUSED
1. Due process
2. Be presumed innocent
3. Be heard by himself and counsel
4. Be informed of the nature and cause of the
accusation against him
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5. A speedy, impartial and public trial
6. Meet the witnesses face to face
7. Have compulsory process to secure the
attendance of witnesses and production of
evidence on his behalf
8. Against double jeopardy
9. Bail
CRIMINAL DUE PROCESS
• Accused is heard by a court of competent
jurisdiction
• Accused is proceeded against under the
orderly processes of law
• Accused is given notice and opportunity
to be heard
• Judgment rendered was within the
authority of a constitutional law
FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM IN
THE PHILIPPINES
1. THE COMMUNITY (where law enforcers
came from)
2. THE LAW ENFORCEMENT (Police,
Traffic enforcers, NBI Agents, PDEA
Agents, COA Auditors, Ombudsman)
3. THE PROSECUTION (Prosecutors: the
lawyers which pushes for the case)
4. THE COURTS (the Judicial Courts)
5. THE CORRECTIONS (Jails)
RIGHT TO BAIL - It is the security given for the
release of a person in custody of law, furnished by
him or a bondsman, conditioned upon his appearance
before any court as required.
WRIT OF HABEAS CORPUS - is a writ directed to the
person detaining another, commanding him to
produce the body of the detainee at a designated time
and place, and to show the cause of his detention.
PRIVILEGE OF THE WRIT OF HABEAS CORPUS: It
is the right to have an immediate determination of
the legality of the deprivation of physical liberty.
WRIT OF AMPARO - It is a remedy available to any
person whose right to life, liberty, and security has
been violated or is threatened with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity. The
writ covers extralegal killings and enforced
disappearance.
RIGHT AGAINST SELF-INCRIMINATION - It may be
claimed not only by the accused but also by any
witness to whom a question calling for an
incriminating answer is addressed.
RIGHT AGAINST INVOLUNTARY SERVITUDE - It is
the condition where one is compelled by force,
coercion, or imprisonment, and against his will, to
labor for another, whether he is paid or not.
GENERAL RULE: No involuntary servitude shall exist.
EXCEPTION:
1. Punishment for a crime for which the party
has been duly convicted
2. Personal military or civil service in the
interest of national defense
3. In naval enlistment, a person who enlists in a
merchant ship may be compelled to remain in
service until the end of a voyage
4. Posse comitatus or the conscription of
able‐bodied men for the apprehension of
criminals
5. Return to work order issued by the DOLE
Secretary or the President
6. Minors under patria potestas are obliged to
obey their parents
WHAT ARE THE STANDARDS USED TO
DETERMINE IF THE PENALTY IS CRUEL AND
INHUMAN?
1. The punishment must not be so severe as to
be degrading to the dignity of human beings
2. It must not be applied arbitrarily
3. It must not be unacceptable to contemporary
society
4. It must not be excessive, and it must serve a
penal purpose more effectively than a less
severe punishment would
5. Excessive fine, or one which is
disproportionate to the offense
RULE: No person shall be imprisoned due to debt
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DEBT - any civil obligation arising from contract
DOUBLE JEOPARDY - When a person was charged
with an offense and the case was terminated by
acquittal or conviction or in any other manner
without his consent, he cannot again be charged with
the same or identical offense. (Melo v. People, G.R. No.
L‐3580, Mar. 22, 1950)
EXCEPTION TO DOUBLE JEOPARDY:
1. Dismissal based on insufficiency of evidence
2. Dismissal because of denial of accused’s right
to speedy trial
3. Accused is discharged to be a State witness
EX POST FACTO LAW
1. Makes an act, which was innocent when done,
criminal and punishes such action
2. Aggravates a crime or makes it greater than
when it was committed
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the
crime when it was committed
4. Alters the legal rules of evidence and receives
less or different testimony than the law
required at the time of the commission of the
offense in order to convict the defendant
5. Assumes to regulate civil rights and remedies
only. In effect imposes penalty or deprivation
of a right for something which when done
was lawful
6. Deprives a person accused of a crime of some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or a proclamation of
amnesty
BILL OF ATTAINDER - a legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt. (People vs. Ferrer)