Bill of Rights - 1987

Philippine Constitution
1. Article 3 Bill of Rights
2. What are Bill of Rights?
3. The Bill of Rights is the declaration and
enumeration of the individual rights and
privileges and is designed to protect violations
against individuals and a limitation upon the
power of the state.
4. There are three classifications of Human
Rights. Natural Rights Constitutional Rights
Statutory Rights
5. What are Natural Rights? Rights Possessed Not
granted by Conferred GOD Right to Love
6. What are Constitutional Rights? Political Rights
Rights that give citizens the power to participate
directly/indirectly, in the establishment or
administration of government. Civil Rights Rights
that secure every individual of the enjoyment of
their means of happiness. Social and Economic
Rights Rights that ensure the well-being and
economic security of the individual. Rights of the
Accused Rights intended for the protection of a
person accused of any crime.
7. What are Statutory Rights? Right to Sell
Consume r Rights Right against
deceptivesales act These are rights that are
promulgated by laws through law-making
bodies, and may, be abolished by the same
body.
8. 2 Kinds of Rights According to Qualilty
Positive Rights: Right to… Freedom to…
Negative Rights: Right against… Freedom
against…
9. Section 1
10. No person shall be deprived of life, liberty, or
property without due process of law nor shall
any person be denied of the equal protection of
the laws.
11. Due Process of Law
12. Due Process of Law Due process of law is
meant that if a person is deprived of life, liberty,
or property by the State, it must be done only
under the authority of a valid law and after
compliance with the regular methods of
procedure prescribed by the law.
13. Due Process of Law Procedural Due
Process Substantive Due Process It refers
a procedure: “which hears before it
condemns, which proceeds upon inquiry,
and renders judgment only after trial.”
This tells us that the law itself must be
fair, reasonable and just.
14. What is the difference between the
two?
15. Procedural Due Process Substantive Due
Process Elements of Procedural Due Process :
a. Notice and hearing b. Jurisdiction over the
person or subject matter c. Impartial court or
tribunal d. Defendant or party is given chance
to be heard, and e. Judgment is given only
after lawful hearing. Substantive Due
Process: The State must not exercise
arbitrary power.
16. Equal Protection Clause
17. Each person is dealt equally in law.
But, the reality is that people and things,
circumstances, are situated differently.
Thus, this means that, everyone
belonging to the same class must be
treated in the same way. Similarly
situated persons/things must be treated
similarly.
18. Section 2
19. 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.

20. Searches Seizures Arrests Illegal Warrant Issued by

the Judge
21. Valid Search and Arrest Warrants 1. Must be
issued upon “probable cause.” 2. “Probable
cause” must be determined personally by the
judge. 3. Such judge must examine under oath
that complainant and the witnesses that he may
produce. 4. The warrant must particularly
describe the place to be searched and the person
or thing to be seized.

22. When are the searches, seizures and arrests

are invalid?
23. An evidence obtained illegally is inadmissible in
any proceeding. Any evidence acquired illegally is
excluded from being considered by the judge, there is
a great probability that the accused may be acquitted.
24. Allowable warrantless searches. 1. A person who is
validly arrested may be searched in his person. 2. An
officer who legally enters a premise and sees an illegal
object may seize it. 3. A moving vehicle, with
reasonable suspicion, may be stopped and searched for
criminal activity. 4. One who consents to be searched
maybe searched without a warrant. 5. Searches may
be made without a warrant at customs or airports
prior to boarding.
26. Section 3
27. (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.
28. This section covers? Letters Messages
Emails Telephone calls
29. Is the privacy of communication and
correspondence absolute?
30. NO! Anti-Wiretapping Law Anti-Terrorism
Law Court-Authorized taps are allowed for
the crimes of: “treason, espionage, provoking
war and disloyalty in case of war, piracy,
mutiny in the high seas, rebellion, conspiracy
and proposal to commit rebellion, inciting
rebellion, sedition, conspiracy to commit
sedition, kidnapping.”
31. Section 4
32. 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.
33. Freedom of Expression Why is this
guaranteed in the Constitution? 1. Essential
for the search of truth. 2. Essential for
democracy to work. 3. Essential for the
citizens to promote self-realization and self-
determination.
34. Section 4 also guarantees for the
prohibition against Prior Restraint. What
is Prior Restraint? Prior Restraint The
actual and official governmental
restrictions of the press and other forms
of expression in advance actual
prohibition or dissemination.
35. Freedom of Speech is not an absolute right. Libel
Obcenity A public and malicious imputation of a crime,
or of a vice or a defect, real or imaginary, or any act,
omission, condition, status or circumstance tending to
cause the dishonor, discredit, or contempt of a natural
or juridical person, or to blacken the memory of one
who is dead. (Revised Penal Code) “…any work, taken
as a whole, appeals to the prurient interest… (b) the
work depicts or describes in a patently offensive way,
sexual conduct…(c) whether the work, taken as a
whole, lacks serious literary, artistic, political or
scientific value.” (Miller v California)
36. Section 5
37. 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 or political rights.
38. Non-Establishment Clause Free Exercise Clause 1.
State may not establish or sponsor a religion. 2.
Prohibits the direct support of institutional religion. 3.
Prohibition on direct and indirect aid if the support
means preference of one religion to the other. 1. State
can’t prohibit a person from choosing his/her religion. 2.
State can’t force a person from choosing his/her religion.
39. Section 6
40. 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.
41. Freedom of Movement Liberty of
Abode Liberty of Travel No one is
compelled to change his/her home except
in accordance with law. Villavicencio v
Lukban Can be impaired, but not
arbitrarily. Grounds: National security,
public safety, and public health.
42. Section 7
43. 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 by law.
44. Right to Information Right of Access
to Official Records and Documents
Information that be withheld to the
public: 1. National security matters 2.
Confidential diplomatic matters 3. Trade
secrets and banking transactions 4.
Identity of informants in criminal
investigation
45. Section 8
46. 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.
47. Right of Association Right to organize
is a very basic human drive. Right to strike
is also guaranteed. The Supreme Court
ruled that employees of SSS and public
school teachers can’t wage a strike.
48. Section 9
49. Private property shall not be taken for
public use without just compensation.
50. Eminent Domain Taking Usage
Compensation The property must be
private in nature. The property must be
used for public use. Just compensation
must be given to the owner. Compensation
must be equal to the property’ market
value.
51. Section 10
52. No law impairing the obligations of
contracts be passed.
53. Impairment of Contract “There is an
impairment of contract when a law changes the
terms of legal contract between parties either in
time or mode of performance, or imposes new
conditions, r dispenses with those expressed, or
authorizes for its satisfaction something
different from that provided in its terms.”
54. Section 11
55. Free access to the courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
56. According to PAO’swebsite:
57. Section 12
58. (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.
59. (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.
60. (3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
61. (4) The law shall provide for penal 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.
62. Miranda Doctrine 1. You have the right to remain
silent when questioned. 2. Anything you say or do may
be used against you in a court of law 3. You have the
right to consult an attorney before speaking to the police
and to have an attorney present during questioning now
or in the future. 4. If you cannot afford an attorney, one
will be appointed for you before any questioning, if you
wish. 5. If you decide to answer any questions now,
without an attorney present, you will still have the right
to stop answering at any time until you talk to an
attorney. 6. Knowing and understanding your rights as I
have explained them to you, are you willing to answer
my questions without an attorney present?
63. Rights of a Person under
Investigation 1.Right to remain silent
2.Right to counsel 3.Rights to be
informed of such rights Prohibitions
on, are enumerated as: 1.Secret
Detention Places (safe-houses) 2.
Solitary Detention 3.Incommunicado
Detention Places
65. Self-Incrimination An act of accusing
oneself to a crime for which a person can
then be prosecuted. Inadmissibility of Forced
Confession and Admission Admission
Confession An act, declaration or omission of
party as to a relevant fact. Declaration of an
accused acknowledging his guilt of the
offense charged, or of any offense necessarily
included therein.
66. Section 13
67. 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 impaired even
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
68. Right to Bail 1.Right to be presumed innocent. 2.Bail:
“mode short of confinement which would, with reasonable
certainty, insure the attendance of the accused.” 3.Bail is
not warranted if: a. the offense is punishable by reclusion
perpetua and b. evidence of guilt is strong.
69. Section 14
70. (1) No person shall be held to answer for a criminal offense
without due process of law.
71. (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 the arraignment, trial
may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to
appear is unjustifiable.
72. Philippine Criminal Justice System Presumption
of Innocence “…no person shall be convicted unless
the prosecution has proved him guilty beyond
reasonable doubt.” But in Prima Facie cases…
Prima Facie (denotes evidence that that would prove
a particular proposition); then the burden of proof
changes.
73. Right to Be Heard includes: 1. Right to be
present at the trial 2. Right to counsel 3. Right to an
impartial judge. 4. Right of confrontation 5. Right to
compulsory process to secure the attendance of
witness.
74. Section 15
75. 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.
76. Writ of Habeas Corpus A writ, a legal action, that
requires a person under arrest to be brought before a
judge or a court. An order issued by a judge to a
person detaining another to bring the detainee to
court and to justify his detention. “It is to inquire
into all manner of involuntary restraint as
distinguished from voluntary, and to relieve a person
therefrom is such restraint is illegal.”
77. Section 16
78. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
79. What if the speedy disposition of cases is violated?
80. Remedy! The aggrieved party can ask a dismissal of
a case through mandamus. Mandamus: is a judicial
remedy — in the form of an order from a superior
court, to any government subordinate court,
corporation of public authority— to do (or forbear
from doing) some specific act which that body is
obliged under law to do (or refrain from doing) — and
which is in the nature of public duty, and in certain
cases one of a statutory duty.
81. Section 17
82. No person shall be compelled to be a witness
against himself.
83. Right Against Self-Incrimination Self-
Incrimination: the constitutional right of a
person to refuse to answer questions or
otherwise give testimony against himself or
herself which will subject him or her to an
incrimination. A person may incriminate
himself/herself by: a. Testimony b. Private
books c. Private letters
84. Section 18
85. (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.
86. Involuntary servitude exists as a punishment
as: forced labor. NSTP, ROTC, CWTS are not
grounds for involuntary servitude, instead these
are faculties of the state that the citizens that
incurred of as duties and responsibilities.
87. Section 19
88. (1)Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted. Neither shall 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.
89. (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.
90. Punishments must be: Furman v Georgia:
1.Must not be severe as to degrade the dignity of
human beings. 2.Must not be applied arbitrarily.
3.Must not be unacceptable to contemporary
society. 4.Must not be excessive.
91. Section 20
92. No person should be imprisoned for debt or non-
payment of a poll tax.
93. If a person debts and can not pay his
indebtedness, can he be imprisoned, as payment, for
it? NO! But if a person has committed a crime
relating to non- payment of debts, through bad faith
or malice, i.e., Estafa, yes, he can be imprisoned.
94. Bad Faith Latin: Malafides Means double
mindedness or double heartedness in duplicity,
fraud, or deception. Can be expressed through faith,
belief, attitude, and loyalty.
95. Section 21
96. No person shall be twice put in jeopardy of
punishment of 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.
97. Double Jeopardy “…To be prosecuted more than
once for the same offense..”
98. Double jeopardy ends: 1.Once the accused is
acquitted or convicted. 2.Dismissal of the charges.
99. Section 22
100. No ex-post facto law or bill or attainder
shall be enacted.
101. Ex-Post Facto Law A. Which makes a
criminal an action done before passing a law,
which was innocent when done and punishes
such action B. Which aggravates the crime
C. Which changes the punishment and
inflicts greater punishment. D. Which alters
the legal rules of evidence.
102. Bill of Attainder A legislative act
which inflicts punishment without
judicial trial. Example: Law that
makes all Filipinos who served under
the Japanese government may not hold
public offices.