ARTICLE III - BILL OF RIGHTS

SECTION 1
RIGHT TO LIFE – THIS INCLUDES THE RIGHT OF AN INDIVIDUAL TO HIS
BODY AND ITS COMPLETENESS,FREE FROM DISMEMBERMENT AND
EXTENDS TO THE USE OF GOD-GIVEN FACULTIES.
RIGHT TO LIBERTY – FREEDOM TO DO RIGHT AND NEVER WRONG
RIGHT TO PROPERTY – IT REPRESENTS MORE THAN THE THINGS A
PERSON OWNS,IT INCLUDES THE RIGHT TO SECURE, USE AND DISPOSE
RIGHT TO DUE PROCESS OF LAW – A LAW WHICH HEARS BEFORE IT
CONDEMNS
RIGHT TO EQUAL PROTECTION OF THE LAWS – EQUALS SHOULD BE
TREATED AS EQUALS AND UNEQUALS SHOULD BE TREATED AS
UNEQUALS.
 SECTION 2

• RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES

• SEARCH WARRANT – AN ORDER IN WRITING ISSUED IN THE NAME OF THE PEOPLE OF
THE PHILIPPINES SIGNED BY A JUDGE AND DIRECTED TO A PEACE OFFICER
COMMANDING HIMTO SEARCH FOR PERSONAL PROPERTY DESCRIBED THEREIN AND
BRING IT BEFORE THE COURT.
• WARRANT OF ARREST – WRITTEN ORDER TO TAKE A PERSON INTO CUSTODY IN ORDER
THAT HE MAY BE BOUND TO ANSWER FOR THE COMMISSSION OF AN OFFENSE.
• REQUISITES OF A VALID SEARCH WARRANT/WARRANT OF ARREST
1.IT SHOULD BE ISSUED UPON A PROBABLE CAUSE.
2.THE EXISTENCE OF PROBABLE CAUSE MUST PERSONALLY BE DETERMINED BY THE
JUDGE.
3.AFTER EXAMINATION UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND THE
WITNESSES HE MAY PRODUCE
4.PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED AND THE PERSONS OR THINGS
TO BE SEIZED.
CONDITIONS FOR A VALID WARRANTLESS ARREST
• WHEN THE PERSON TO BE ARRESTED HAS COMMITTED,IS ACTUALLY COMMITTING
OR IS ATTEMPTING TO COMMIT AN OFFENSE
• WHEN AN OFFENSE WAS COMMITTED AND THE ARRESTING OFFICER HAS PERSONAL
KNOWLEDGE OF THE FACTS INDICATING THAT THE PERSON TO BE ARRESTED HAS
COMMITTED IT.
• WHEN THE PERSON TO BE ARRESTED IS AN ESCAPEE OR DETENTION PRISONER
• WHEN THE RIGHT WAS VOLUNTARILY WAIVED SUCH AS POSTING OF BAIL BOND
CASES OF VALID WARRANTLESS SEARCHES
- WHEN THE RIGHT HAS BEEN VOLUNTARILY WAIVED
- WHEN THE SEARCH IS INCIDENTAL TO A LAWFUL ARREST PROVIDED THE SEARCH IS
CONTEMPORANEOUS TO THE ARREST AND WITHIN THE PERMISSIBLE AREA OF
SEARCH
- WHEN THE AUTHORITIES UNDERTAKE THE SEARCH OF VESSEL AND AIRCRAFT FOR
VIOLATION OF FISHERY,IMMIGRATION AND CUSTOMS LAWS.
-SEARCHES OF AUTOMOBILES AT BOARDERS OR
CONSTRUCTIVE BOARDERS MADE BY AUTHORITIES FOR VIOLATIONS OF IMMIGRATION OR
SMUGGLING LAWS
- INSPECTIONS OF BUILDINGS AND OTHER PREMISES BY AUTHORITIES FOR THE
ENFORCEMENT OF FIRE , SANITARY AND BUILDING REGULATIONS
-WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW,THEN THEY CAN BE SEARCHED BY THE
OFFICER WHO HAS THE RIGHT TO BE IN THE POSITION TO HAVE THAT VIEW
-WHEN THE MILITARY CONDUCTS AN AREAL TARGETING ZONING AND SATURATION
DRIVE
• CITIZEN’S ARREST
• DOCTRINE OF THE FRUIT OF THE POISONED TREE
SECTION 3
RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE[ PARAGRAPH 1]
RIGHT TO PRIVACY IS THE RIGHT TO BE LEFT ALONE
WHEN THERE IS LAWFUL ORDER OF THE COURT OR WHEN PUBLIC SAFETY OR
ORDER REQUIRES , THE RIGHT TO PRIVACY OF COMMUNICATION AND
PARAGRAPH 2- DOCTRINE OF THE FRUIT OF THE POISONED TREE

SECTION 4
• FREEDOM OF SPEECH- MEDIUM IS UTTERANCES [SLANDER/ORAL DEFAMATION]
• FREEDOM OF THE PRESS- MEDIUM IS PRINT OR WRITING [LIBEL]
• FREEDOM OF EXPRESSION –CATCH-ALL PHRASE
• RIGHT TO ASSEMBLY AND PETITION THE GOVERNMENT FOR REDRESS OF
GRIEVANCES - HOLDING OF RALLIES [NO PERMIT NO RALLY POLICY]
NO PERMIT IS REQUIRED IF THE RALLY IS TO BE HELD IN FREEDOM PARKS, INSIDE A
PRIVATE PROPERTY,CAMPUSES OF STATE COLLEGES AND UNIVERSITIES
SECTION 5
FREEDOM OF RELIGION HAS 2 ASPECTS
1.FREEDOM TO BELIEVE[ABSOLUTE]
2.FREEDOM TO ACT IN ACCORDANCE TO SUCH BELIEF[LIMITED]
SECTION 6
*LIBERTY OF ABODE-FREEDOM TO CHOOSE ONE’S PLACE OF RESIDENCE AND OF CHANGING THE
SAME EXCEPT UPON A LAWFUL COURT ORDER
*RIGHT TO TRAVEL- FREEDOM TO GO WHEREVER ONE WISHES AND RETURN WHENEVER ONE LIKES
SECTION 7
*RIGHT TO INFORMATION IS NOT ABSOLUTE. MATTERS OF PUBLIC COCERN CAN ONLY BE
DETERMINED BY COURT
SECTION 8
RIGHT TO FORM UNIONS, ASSOCIATIONS OR SOCIETIES IS GIVEN TO BOTH PUBLIC AND PRIVATE
SECTOR
RIGHT TO STRIKE IS GIVEN ONLY TO THE PRIVATE SECTOR
SECTION 9
RIGHT AGAINST TAKING OF PRIVATE PROPERTY
[POWER OF EMINENT DOMAIN ]
TAKING IS FOR PUBLIC USE,JUST COMPENSATION IS PAID TO THE OWNER AND THERE IS
OBSERVANCE OF DUE PROCESS OF LAW
SECTION 10

• NON-IMPAIRMENT OF THE OBLIGATIONS OF CONTRACT

- UNLAWFUL CONTRACTS CAN BE IMPAIRED BY THE GOVERNMENT
- A LAWFUL CONTRACT CAN STILL BE IMPAIRED BY THE GOVERNMENT IF THE GOVERNMENT IS A PARTY
TO THE CONTRACT.
SECTION 11
FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND ADEQUATE LEGAL ASSISTANCE SHALL
NOT BE DENIED BY REASON OF POVERTY
-WAIVING OF COURT FEES FOR INDIGENTS
-PUBLIC ATTORNEYS OFFICE
-GIVING OF ENOUGH TIME TO GET A LAWYER OF HIS OWN
SECTION 12
RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION
RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN SILENT[1]
RIGHT TO REMAIN SILENT[1]
RIGHT TO HAVE A COMPETENT AND INDEPENDENT COUNSEL[1]
THESE RIGHTS CAN ONLY BE WAIVED IN WRITING AND IN THE PRESENCE OF COUNSEL
RIGHT AGAINST TORTURE,FORCE,VIOLENCE ,THREAT,INTIMIDATION
AND ANY OTHER MEANS WHICH VITIATES THE FREEWILL[2]
RIGHT AGAINST SECRET DETENTION PLACES,SOLITARY,INCOMMUNICADO OR ANY
OTHER SIMILAR FORM OF DETENTION[2]
INADMISSIBILITY OF EVIDENCE IF ILLEGALLY OBTAINED[3]
PROVISION OF PENAL AND CIVIL SANCTIONS FOR VIOLATORS[4]
PROVISION OF COMPENSATION TO AND REHABILITATION OF VICTIMS OF TORTURE
AND SIMILAR PRACTICES[4]
SECTION 13
RIGHT TO BAIL
BAIL IS THE SECURITY GIVEN FOR THE RELEASE OF A PERSON IN CUSTODY OF THE
LAW.
CONDITIONS NEEDED FOR A PERSON TO BECOME NON-BAILABLE
1.CHARGE WITH AN OFFENSE PUNISHABLE BY RECLUSION PERPETUA
2.EVIDENCE OF GUILT IS STRONG
DIFFERENCE BETWEEN LIFE IMPRISONMENT AND
RECLUSION PERPETUA
LIFE IMPRISONMENT
• SENTENCE FOR A CRIME THAT IS
COVERED BY A SPECIAL PENAL
LAW
• DURATION IS INDEFINITE
• NO ACCESSORY PENALTIES
• NO DEATAILS ON PARDON
SPECIFIED
RECLUSION PERPETUA
• SENTENCE FOR A CRIME THAT IS
UNDER THE REVISE PENAL CODE
• DURATION IS 20 TO 40 YEARS
• COMES WITH ACCESSORY
PENALTIES
• CONVICTS BECOME ELIGIBLE
FOR PARDON AFTER 30 YEARS
FACTORS CONSIDERED IN FIXING BAIL
• FINANCIAL ABILITY OF THE ACCUSED
• NATURE AND CONSEQUENCES OF THE OFFENSE
• PENALTY FOR THE OFFENSE CHARGE
• CHARACTER AND REPUTATION OF THE ACCUSED
• AGE AND HEALTH
• WEIGHT OF THE EVIDENCE AGAINST HIM
• PROBABILITY OF HIS APPEARANCE AT THE TRIAL
NON-IMPAIRMENT OF THE RIGHT TO BAIL EVEN WHEN THE PRIVILEGE OF THE WRIT OF HABEAS
CORPUS IS SUSPENDED AND NO EXCESSIVE BAIL SHALL BE REQUIRED.
SECTION 14
RIGHTS OF THE ACCUSED
1.RIGHT TO CRIMINAL DUE PROCESS OF LAW[1]
2.RIGHT TO PRESUMPTION OF INNOCENCE[2]
3.RIGHT TO BE HEARD BY HIMSELF AND COUNSEL[2]
4.RIGHT TO BE INFORMED OF THE NATURE AND ACCUSATION AGAINST HIM[2]
5.RIGHT TO HAVE A SPEEDY,IMPARTIAL AND PUBLIC TRIAL[2]
6.RIGHT TO MEET WITNESSES FACE TO FACE[2]
7.RIGHT TO HAVE COMPULSORY PROCESS IN SECURING THE ATTENDANCE OF
WITNESSES AND PRODUCTION OF EVIDENCE IN HIS BEHALF[2]
8.RIGHT AGAINST TRIAL EN ABSENTIA[2]
- THIS CAN ONLY LEGALLY HAPPEN UNDER THESE CONDITIONS:
1. AFTER ARRAIGNMENT
2. HE IS DULY NOTIFIED
3. HIS FAILURE TO APPEAR IS UNJUSTIFIABLE
9. RIGHT TO APPEAL
SECTION 15
NON-SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
THE PRESIDENT IS THE ONLY PERSON WHO CAN SUSPEND IT DURING INVASION OR
REBELLION WHEN PUBLIC SAFETY REQUIRES IT
WRIT OF HABEAS CORPUS IS AN ORDER IN WRITNG ISSUED BY A COURT DIRECTED TO A
PERSON DETAINING ANOTHER,COMMANDING HIM TO PRODUCE THE BODY OF THE
PRISONER AT A DESIGNATED TIME AND PLACE, WITH THE DAY AND THE CAUSE OF HIS
CAPTION AND DETENTION.
• THE PURPOSE IS TO PREVENT UNLAWFUL IMPRISONMENT
SECTION 16
RIGHT TO SPEEDY DISPOSITION OF CASES
- CASES FILED BEFORE THE SUPREME COURT SHALL BE DECIDED WITHIN 24
MONTHS OR 2 YEARS
- CASES FILED BEFORE COLLEGIATE COURTS SHALL BE DECIDED WITHIN 12
MONTHS OR 1 YEAR
- CASES FILED BEFORE LOWER COURTS SHALL BE DECIDED WITHIN 3 MONTHS
SECTION 17
RIGHT AGAINST SELF-INCRIMINATION[ AVAILABLE NOT ONLY FOR CRIMINAL BUT
IN ALL GOVERNMENT PROCEEDINGS]
MAY BE CLAIMED NOT ONLY BY THE ACCUSED BUT ALSO BY THE WITNES
• HOWEVER THE ACCUSED MAY REFUSE TO TAKE THE WITNESS STAND BASED
ON THIS RIGHT BUT THE WITNESS MAY NOT REFUSE TO TAKE THE WITNESS
STAND ON THIS GROUND BUT MAY REFUSE TO ANSWER INCRIMINATING
QUESTIONS WHEN THESE ARE PROPOUNDED ON HIM.
• EXAMINATION OF BODY OR BODY FLUIDS ARE NOT INCLUDED UNDER THIS
RIGHT
SECTION 18
RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND
ASPIRATIONS[1]
RIGHT AGAINST INVOLUNTARY SERVITUDE[2]
EXCEPTIONS TO THE RIGHT AGAINST INVOLUNTARY SERVITUDE
1.IF IT IS IMPOSED AS A PUNISHMENT FOR A CRIME FOR WHICH ONE HAS BEEN
CONVICTED
2.REQUIRED PERSONAL MILITARY OR CIVIL SERVICE OF CITIZENS TO
DEFEND THE STATE
3. RETURN TO WORK ORDER GIVEN BY DOLE SECRETARY
SECTION 19
RIGHT AGAINST EXCESSIVE FINES[1]
RIGHT AGAINST CRUEL,DEGRADING OR INHUMAN PUNISHMENT[1]
RIGHT AGAINST IMPOSITION OF DEATH PENALTY[1]
-UNLESS FOR COMPELLING REASONS INVOLVING HEINOUS CRIMES, CONGRESS
PROVIDES FOR IT
-ANY DEATH PENALTY ALREADY IMPOSED SHALL BE REDUCED TO RECLUSION
PERPETUA
RIGHT AGAINST THE EMPLOYMENT OF PHYSICAL,PSYCHOLOGICAL OR DEGRADING
PUNISHMENT AGAINST ANY PRISONER OR DETAINEE[2]
RIGHT AGAINST THE USE OF SUBSTANDARD OR INADEQUATE PENAL FACILITIES UNDER
SUBHUMAN CONDITIONS[2]
SECTION 20

• NON –IMPRISONMENT FOR DEBT AND NON-PAYMENT OF POLL TAX

• THE PURPOSE IS TO PROTECT THE POORER SECTOR OF OUR SOCIETY
• A PERSON MAY BE IMPRISONED FOR THE NON PAYMENT OF TAX SINCE IT IS NOT A
PERSONAL DEBT
• BOUNCING CHECK LAW[ BP 22 ] AND ESTAFA
SECTION 21
RIGHT AGAINST DOUBLE JEOPARDY
- ONE OFFENSE = ONE PUNISHMENT
- APPLIED TO BOTH CONVICTION AND ACQUITTAL
- INSTANCES OF DOUBLE JEOPARDY
1.CHARGED WITH THE SAME OFFENSE IN 2 SEPARATE PENDING CASES ,IN ONE OF WHICH HE
VALIDLY PLEADED.
2.THE ACCUSED IS PROSECUTED ANEW FOR THE SAME OFFENSE AFTER HE HAS BEEN
PREVIOUSLY CONVICTED OR ACQUITTED THEREOF
SECTION 22
• RIGHT AGAINST EX POST FACTO LAW OR BILL OF ATTAINDER
• EX POST FACTO LAW IS A LAW WHICH PUNISHES AN ACT THAT IS NOT YET
PUNISHABLE DURING ITS COMMISSION.
• BILL OF ATTAINDER IS A LEGISLATIVE ACT WHICH INFLICTS PUNISHMENT
WITHOUT JUDICIAL TRIAL