Bill of Rights

Article III
Bill of Rights
• Declaration and enumeration of a person’s rights and
privileges.

• List of individual liberties.

• Guarantees protection of an individual to another

individual, from a group of individuals and to the
government.
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.”
Life, liberty and property
• Covers every right to which a member of a body politic
in entitled under the law.

• Right to self-defense, freedom of expression, right against

arbitrary arrest, rights to labor and contract.
Due Process of Law
• That hears before it condemns , which
proceeds upon inquiry, and renders
judgment only after trial.

• Weighing evidences and impartiality of the judge.

Equal protection of law
• Right of the person to be treated equally
before the law both in the privileges
conferred and liabilities imposed.
 Section 2
• The right of the person to be secure in their persons, houses,
and effects against unreasonable 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 determines personally by the judge after
examination under oath of affirmation of the complainant
and the witness he may produce, and particularly describing
the place to be searched and the persons to be seized.
 Section 2
• Right against unreasonable searches and seizures.
• Reasonable search and arrest: upon presentation of
a valid search warrant and warrant of arrest.
 Search Warrant
• Order in writing in the name of the People of the
Philippines, signed by a judge and directed to a
peace officer, commanding him to search for
personal property as described therein and
brought it before the court.
Personal Property to be Seized
• Subject of the offense
• Stolen or embezzled and other proceeds or fruits of the
offense
• Used or intended to be used as the means of committing an
offense
Requisites of a Valid Search Warrant
• Probable cause determined by the judge
• Search shall be made in the presence of the lawful occupant
• Served during daytime
• Valid only for 10 days from the date of issue
Search and Seizure without Warrant
 With consent and waiver
 Incident to a lawful arrest
 Transporting a contraband and difficulty of securing a search
warrant
 Article to be searched is open to the eye and hand
 In the exercise of police power, inspection of establishment
 Searches made by the border patrol or parts of entry in the
interest of national security
Arrest
• Taking of a person into custody in order that
he may be bound to answer for the
commission of an offense.
Requisites of a Valid Arrest
• No violence or torture
• Not subjected to a greater restraint
• Arresting officer is the one executing the warrant
• Executed within 10 days from its receipt.
• May be made at any time of the day or night
Arrest without warrant
• A peace officer or a private person may without a warrant
arrest in the following instances:
• When in his presence, the person to be arrested has committed, is
actually committing or is attempting to commit an offense
• Has just been committed and has personal knowledge
• A fugitive
 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 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.”
Freedom of Expression
• Right to freely utter and publish whatever one pleases without
restraint.
• Safeguard against repressive measures by the government.
• Yet, limited by the police power of the state: law against
slander, libel..
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 be
forever allowed. No religious test shall be required for
the exercise of civil or political rights”.
Freedom of Religion
• Right of a man to worship God without interference
from any authority.
• Separation of Church and State (Art II Sec 6)
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.”
Liberty of Abode
• For as long as one has legal title to such property, any one can
choose where he wants to reside.
• Limited if there is a lawful order of the court.
Liberty to Travel
• Right of a person to freely move without restraint from
authorities except in the interest of national security, public
safety, and public health.
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, to decision, 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.
Right to Information on Matters of Public Concern

• Political right of the people to participate in government

affairs.
• Except when the security of the State is involved.
• Transparency of government transactions.
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, be a member and dismember
themselves of a union, associations, societies not
contrary to law.
• Either public or private organization
Sec 9 Power of Eminent Domain
•“Private property shall not be taken
for public use without just
compensation.”
Inherent powers of the State
• Power of taxation
• power to impose burden upon persons, property and property rights
• Police power
• Power to enacts laws to regulate the citizen’s acts
• Power of eminent domain
• Power of the State to take private property for public use
Sec 10 Obligation of Contracts
“ No law impairing the obligations of contracts shall be passed.”

• Contract- a written agreement

• Impairment-means to diminish or weaken, damage
• Obligation-means an agreement by which one is bound to do
something for another.
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.”

• Pro bono service for people living below

poverty line.
Sec 12 Constitutional Rights of the Accused

• Miranda Doctrine
• Right to remain silent and to have legal counsel
• Right against violence, torture, force, threat or intimidation
• Right against secret, illegal detention centers
Sec 13 Right to Bail
• Security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law
conditioned upon his appearance before any court as required
under the conditions specified.
• Except for capital offense
Determining the Amount:
• Financial ability
• Nature and circumstances of the offense
• Penalty of the offense
• Character and reputation
• Age and health
• Weight of evidence
• Probability of appearance
Capital Offense
• Punishable by reclusion perpetua
• Treason
• Parricide
• Murder
• Infanticide
• Robbery with homicide
• Plunder
Sec 14 Rights of the Accused
 To be presumed innocent
 To be heard and to have counsel
 To be informed of the nature and cause of accusations
 O have speedy, impartial and public trial
 To meet the witnesses face to face
 To have compulsory process to secure the attendance of
witnesses and the production of evidence
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”
Writ of Habeas Corpus
• “that you have the body”
• An order issued by the court to a person having the custody of
another, commanding him to produce the detained person in
order to examine the legality of the detention
• Only the President can suspend the privilege in case of
rebellion or invasion or public safety requires it.
Section 16
• “All the persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial or administrative bodies”
Right to a Speedy Trial
• Conducted according to fixed rules and proceedings of law, free
from vexations, capricious and oppressive delay.
• To ensure that defendants are not subjected to unreasonable
lengthy incarcerations
• Lower courts-3 months
• Court of Appeals-12 months
• Supreme Court-24 months
Section 17

• “No person shall be compelled to be a witness

against himself”

• Right against self-incrimination.

Right against Self-Incrimination
• Act of accusing oneself of a crime for which a person can be
prosecuted.
• Can either be direct or indirect.
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 where of the party shall have been
duly convicted.
 Right Against Detention by Reason of Political
Beliefs

• One shall be free to express his political beliefs and aspirations

without threat or fear of persecution from persons wielding
political influence or power.
• Political dissidents were imprisoned during Marcos’ time.
Right against Involuntary servitude
• Condition of compulsory service performed by one person,
against his will, for the benefit of another person due to force,
threats, intimidation or other form of coercion or compulsion
against a person.
• Except if it is imposed as a punishment for a crime after the
party shall have been convicted.
Section 19
• Prohibition against :
• cruel, degrading or inhuman punishment
• imposition of excessive fines
• Imposition of death penalty except when Congress provides for it for
compelling reasons involving heinous crimes.
Punishment
• Practice of imposing something unpleasant on a person,
usually in response to disobedience, defiance, or behavior
deemed morally wrong by individual, governmental or religious
groups.
• Should be proportionate to offense committed.
• Abhor inhuman penalties in nature
Section 20
• “No person shall be imprisoned fro debt or non-
payment of a poll tax”
Non-imprisonment for Debt
• An obligation to pay someone a sum of money arising from a
contract.
• No person shall be imprisoned for reason of poverty
• Neither failure to pay a residence tax or cedula
Section 21
“No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.”
Right against Double Jeopardy
• A person who is accused of a crime is put in jeopardy if he
again is tried for an offense which he had already been
convicted of or acquitted from.
• Protection from harassment of an accused.
Section 22

•“No ex post facto law or bill of attainder

shall be enacted”
Ex post Facto Law
• “ after the fact”
• One that would make a previous act criminal although it was
not so at the time the action if performed
• Also applies which increases the punishment or in which in
relation to the offense or its consequences, alters the situation
of a party to his disadvantage.
Bill of Attainder
• Legislative act that inflicts punishment without judicial trial
• When the legislative department enacts a law punishing an
accused even without a judicial trial.
• Limits the power of Congress to enact laws.