ARTICLE III

BILL OF RIGHTS
BILL OF RIGHTS

• The bill of rights is the declaration and

enumeration of individual rights and
privileges and is designed to protect
violations against individuals and a
limitation upon the power of the state.
There are three classification of human
rights

• NATURAL RIGHTS

• CONSTITUNIONAL
RIGHTS

• STATUTORY RIGHTS
NATURAL RIGHTS – rights possessed by every citizen without being granted by the state for they are
given to man by God as a human being created to his image so that he nay live a happy life.

CONSTITUTIONAL RIGHTS – they those rights which are conferred a nd protected by the
constitution. Since they are part of the fundamental law, they cannot be modified or taken away
by the law – making body.

STATUTORY RIGHTS – they are those rights which are provided by laws promulgated by the
law – making body and, , consequently, may be abolished by the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS

1. Political rights – they are such rights of the citizens which give them the power to participate, directly or
indirectly, in the establishment or administration of the government.

2. Civil rights – those rights which the law will enforce at the instance of private individual for
the purpose of securing to them the enjoyment of their means of livelihood.

3. Social and economic rights – those rights which are intended to insure the well-being and
economic security of the individual.

4. Rights of the accused – those rights intended for the protection of a person who is accused of
any crime.
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.
WHAT IS DUE PROCESS?

Any deprivation of life, liberty, or property is with due process if

it done under the authority of a law that is valid (i.e., not contrary
to the constitution) or the of the Constitution itself, and after
compliance with fair and reasonable methods of procedure
prescribed by law.
Aspects of due process

• Procedural due process – the manner or procedure which

must be followed in the enforcement or application of law.

• Substantive due process – this means that the law to

applied is valid, just and not arbitrary.
Equal protection of law

• It means that all persons or things similarly situated should be

treated alike both as to rights conferred and responsibilities
imposed.
LIFE, LIBERTY OR PROPERTY

• The constitution gives to property the same degree and quality of

protection that it gives to life and liberty.

• “you take my life, when you do take the means whereby I live”. –
SHYLOCK

• One’s employment, profession or trade is a protected property

LIMITATION OF THE RIGHT

Life: when the law imposes the death penalty

Liberty: imprisonment of convicted criminals

Property: when the power of eminent domain is exercised by

the government
Section 2. 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.
 What is a search warrant and a warrant of arrest?
SEARCH WARRANT
• Issued only by a judge
• Issued upon probable cause
• Expires in 10 days
• It must particularly describe the
place to be searched and the things
to be seized
• Must be issued for only 1 offense
WARRANT OF ARREST
• Issued only by a judge
• Issued upon probable cause
• Does not expire unless the person
named in the warrant is actually
arrested or put into the custody of the
law
• It must name the person and/or describe
him with particularity
Search warrant – is an order or writing, issued by a judge and directed
to a peace officer, commanded him to search for personal property and
bring it before the court.

Warrant of arrest – is an order or writing, to command a peace

officer to arrest and bring to ajail a person charged with a crime.

Probable cause – refers to apparent facts discovered through

logical inquiry.
ARREST OF AN ACCUSED
When can warrantless arrest transpire?

1. The person to be arrested has committed, is actually committing, or is

attempting to commit an offense.

2. When an offense has been committed and has personal knowledge of facts
indicating that the person to be arrested has committing it; and

3. When the person to be arrested is a prisoner who has escaped from a penal
establishment.
Limitation of the right under section 2.

• Valid warrant of arrest or search warrant and their

exceptions.
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 obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.
• The right to privacy is the right to be left alone.

• Correspondence – the activity of writing letters or e-mails to

someone (exchange of letters)

• It is a right designed to secure enjoyment of one’s privacy life.

• R.A. 4200 “anti – tapping Act penalizes wire-tapping and other

violations of the privacy of communications.
Evidence illegally obtained

1. Inadmissible – it cannot be used in any court of law or any proceedings, judicial

or administrative.

2. Reason – practical way of enforcing this constitutional guarantee. Payment of

damages is not sufficient protection against violation of the bill of rights

3. Right of owner – evidence inadmissible, therefore, the owner has the right to
recover the articles seized or that they be returned except if the said items are
illegal per se like prohibited drugs and unlicensed firearms.
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.
• Coverage:
• 1. free speech
• 2. free press ( every sort of publication: newspapers, periodicals,
magazines, books, leaflets and may also include radio and
television.
• 3. rights of assembly
• 4. right of petition – redress of grievances to the government or
any of its branch
Freedom of speech
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 forever be allowed. No religious test shall be required
for the exercise of civil or political rights.
• RELIGIOUS FREEDOM- is the right of a man to worship
god

• RELIGION – includes all forms of belief in the existence of

superior beings exercising power over human beings

• LIMITATION OF THE RIGHT: the exercise of religion

must not be contrary to law like healing through prayer and
religious rites for commercial purposes
Some of existing religions in the philippines

• Catholic
• Iglesia ni Cristo (INC)
• Seventh-day Adventist church
(Sabadista)
• Philippine independent church
• Jehovah’s witnesses
• Protestantism
• And etc.
Religious test prohibited

A religious test is one demanding the avowal or repudiation of certain

religious beliefs before the performance of any act. Therefore, religious
affiliation cannot be a qualification of public officials or of voters.
Religion cannot be a qualification for securing particular job.
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.
The liberty of abode (residence) and travel is the right of a person to have
his home in whatever place chosen by him and thereafter change it at will,
and to go where he pleases, without interference from any source.

Limitation: when there is a court order stopping you from leaving

the country or in the interest of national security, public safety or
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, 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.
Known as the people’s “right to information” and go hand in hand with Art.
II sec.28. which mandates policies of full public disclosure by the state of
all its transactions involving public interest.

Limitation : confidential records involving national security and those

declared by law as confidential records like incoe tax return under tax and
certain army records.
Section 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.
The “right to form associations” is the freedom to organize or be a member of
any group or association, union, or society, and adopt to rules which the members
judge most appropriate to achieve their purpose.
The right to join an association includes the right to leave the same and the right
not to join any group.

Limitation: “purposes not contrary to law”

Section 9. Private property shall not be taken for public use
without just compensation.
3 essential or inherent powers of the government:

1. Power of eminent domain(sec.9., ART.III)

2. Police power

3. Power of taxation
Power of eminent domain

• It is the right or power of the state of those to whom the power has been lawfully delegated
to take (or expropriate) private property for (1)public use upon (2)paying the owner a just
compensation to be ascertained according to law.
• Public use – means that it will be used for “public benefit” or that it is a “public utility”.
• 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. The government will have an assessor to
determine the value of the private property.
• Expropriation proceedings – a court process wherein the owner is given due notice and
hearing
Police power

• It has been referred to as the power of the state to enact such as laws or regulations in relation to
persons and property as may promote public health, public morals, public safety, and the general
welfare and convenience of the people.

LATIN MAXIM AS ITS BASIS “SALUS POPULI SUPREMA EST LEX”

- The welfare of the people is the supreme law

Examples of police power laws:

1. Public health – regulation of the medical profession; segregation of lepers; maternity leave for
women
2. Public morals – laws punishing vagrancy and prostitution; prohibiting gambling

3. Public safety – license for the right to drive a motor vehicle; requiring compulsory military
service; demolition of buildings declared to be a fire hazard

4. General welfare and convenience – compulsory registration of lands; authorizing removal of

billboards offensive to sight; regulating prices of commodities and rents of houses
Power of taxation

• It is the power of the state to impose a charge or berden upon person,

property, or property rights, for the use and support of the government
and to enable it to discharge its functions.
Section 10. No law impairing the obligation of contracts shall be
passed.
• obligation of contract is the law or duty which blinds the parties to
perform their agreement according to its terms or intent, if the agreement
is contrary to law, morals, good customs, public order or public policy.

• Example of a low which impairs the obligations of contracts:

• A law increasing or decreasing the rate of interest for the loan of money
connot apply retroactively to loans contracted before its enactment,
otherwise, impairment will result.
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.
• It may not be sufficient to just grant the rights of a pauper (like exemption from payment
of court fees) to poor litigants. The state has the constitutional duty to provide free and
adequate legal assistance to very poor citizens.

• R.A. 6033 “an act requiring courts to give preference to criminal cases where the party
or parties involved are indegents”

• Indigent – refers to a person who has no visible means of income or whose income is
insufficient for the subsistence of his family
Section 12. (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.
(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.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(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.
Miranda doctrine

1. You have the right to remain silent when questioned.

2. Anything you say or do say 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 willing to answer
without an attorney present?
1. Right to remain silent
2. Right to counsel
3. Rights to be informed of such rights

1. Secret detention places (safe-houses)

2. Solitary detention
3. Incommunicado detention places
Section 13. 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 be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
1. Right to be presumed innocent.
2. Bail: “mode short of confinement which would, with reasonable
certainty, insure the attendance of accused.”
3. Bail is not warranted if:
a. the offense is punishable by reclusion perpetua and
b. evidence of guilt is strong.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.
(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 arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
• Subpoena – order to a person to testify in court

• Subpoena duces tecum – order of a court for a person to

produce documents, articles or other evidence and bring it
before the court
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

- Is an order by a court of competent jurisdiction, directed to a person detaining

another, commanding him to produce the body of the prisoner at a designated
time and place, and to show sufficient cause for holding in custody the
individual so detained.
How does the writ of habeas corpus operate to safeguard the liberty of a person?

The prisoner or any person in his behalf petitions the proper court, which
immediately issues the writ, it is sent to the person having another in his custody.
Such person is ordered to produced the prisoner in court at a specified time, together
with the explanation of the cause of detention, called the return. After the order is
obeyed, the judge scrutinizes the return and decides whether it shows that the
imprisonment is authorized by law. If so, the prisoner is remanded---sent back to
custody. If not, he is set free at once by the judge.
Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
• “justice delayed is justice denied.”
• Judicial bodies – counts
• Quasi-judicial bodies – executive agencies performing adjudicatory functions
similar to that of courts like the national labor relations commission and the
securities and exchange commission
• Administrative bodies – executive agencies performing limited adjudicatory
functions such as the bureaus under different departments
Section 17. No person shall be compelled to be a witness
against himself.
Right to silence – failure or refusal to testify may not be used as a
presumption of guilt or taken as evidence against him

Compulsory testimonial self-incrimination – the constitutional

guarantee that no person shall be compelled to be a witness against
himself is limited to prohibition against compulsory self – incrimination–
extricating from defendant’s own lips, against his will an admission if his
guilt.
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 whereof the party shall have been duly
convicted.
What is involuntary servitude?

- Denotes a condition of enforced, compulsory sevice of one to another

including:

• Slavery - or the state of entire subjection of 1 person to the will of

another

• Peonage – or the voluntary submission of a person (peon or a debtor

held in servitude by his creditor)
 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 citizen that
incurred of as duties and resposiblities.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the 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.
(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.
What is the status of the death penalty in the Philippines right
now?

• It has been abolished or prohibited by R. A. 9346

(june 24, 2006) and all death penalty already
imposed has been automatically reduced to
reclusion perpetua.
What is “heinous” crime which will be a reason to revive the death penalty if congress passes
a law to that effect?

• A very bad or evil act deserving of hate or a feeling that someone is not
worthy of any respect or approval. Example: treason, murder, parricide,
infanticide, kidnapping and serious illegal detention, rape plunder, use,
manufacture and sale of illegal drugs, carnapping illegal recruitment etc.
Is there a chance that the death penalty be imposed again?

• There is a very little chance because the worlds trend is to abolish the
imposition of the death penalty studies have shown that it is not a crime-
deterrent. It means that people still commit heinous crime even if death penalty
is imposed.

• In dec.2012, 111 countries or more that half of the world countries voted in
favor of a united nations resolution that would delare that there would no more
executions globally.

• If ever congress eventually pass a law to impose the death penalty again, it can
only have prospective application
Section 20. No person shall be imprisoned for debt or non-
payment of a poll tax.
• One should not be punished on account of his poverty.

• A person may be imprisoned for failure to pay tax as it is not a

debt.

• Poll tax or personal or capitation tax-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

• This guarantee protects against the dangers of a second punishment

as well as second trial for the same offense.
Section 22. no ex post facto law or bill of attainder shall be enacted.
“Ex post facto” laws:

• One which makes an action done before the passing of the law and which was
innocent when done criminal and punishes such action; or

• One which aggravates a crime or makes it greater than when it was committed; or

• Which changes the punishment and inflicts greater punishment than the law
annexed to the crime when it was committed;

• One which 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.
Submitted by:
Rose ann Arasan
Angela Marie Azares
Daniel Ajoc
Samantha Baldos
Marvin Bituro
Franklin Dandan