BILL OF RIGHTS Declaration of fundamental principles and of the basic rights of citizenship. (Nolledo. Page 244.

. The New Constitution of the Phils. Annotated. 1997 Revised Edition.) declaration and enumeration of the individual rights and privileges, which the constitution is designed to protect.

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. (RIGHT TO LIFE, LIBERTY AND PROPERTY) DUE PROCESS OF LAW is a law which hears before it condemns; inquiry and renders judgment only after trial. Types of due process 1. PROCEDURAL DUE PROCESS - refers to the method or manner by which the law is enforced; which gives the individuals a fair procedure. 2. SUBSTANTIVE DUE PROCESS requires the law itself; which requires that the law must be fair and reasonable. EQUAL PROTECTION OF THE LAW is the specific guarantee of the equality of the person; LEGAL EQUALITY or the equality of all persons before the law. The individual is dealt with as an equal person in the law, which does not treat the person differently, because of who he is, of what he is or what he possesses. LIFE this includes the right of the individual to his body in its completeness, free from dismemberment and extends to God-given faculties which makes life enjoyable LIBERTY is the right to exist and the right to be free from arbitrary personal restraint or servitude. PROPERTY is anything that can come under the right of ownership and be subject of contract. It includes intangible property such as copyrights, trademarks and trade name. Sec. 2. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES The privacy of the home-the place of abode, the place where a man with his family may dwell in peace and enjoy the companionship of his wife and children unmolested by anyone, even the king, has always been regarded by civilized nations as one of the most sacred personal rights to which we are entitled. A mans home is his castle.

WARRANTLESS SEARCHES 1. Search incidental to a lawful arrest 2. Search of moving vehicles 3. Seizures of evidence in plain view 4. Customs searches 5. Where there is a waiver of the right 6. Stop and frisk

WARRANTLESS ARREST 1. When, in his presence, the person to be arrested has committed, is actually committing, or attempting to commit an offense. 2. When an offense has in fact been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. Sec. 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. (RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE) Allowable intrusion into the privacy of communications and correspondence: > Upon lawful order of the court. If the court issues an order seizing a correspondence, there has to be a particularity of description of the correspondence to be seized. If government intrusion is to be done through wire-taps, the identity of the person whose communication is to be intercepted should be described and the identity of the offense sought to be prevented should also be described including the period of authorization given. Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, of the right of the people peaceably to assemble and petition the government for redress of grievances. (FREEDOM OF EXPRESSION : SPEECH, OF THE PRESS, TO ASSEMBLE, TO PETITION GOVT.) 1. Freedom of speech-not absolute because a person can be prosecuted if he utters seditious word; 2. The freedom of expression is usually exercised through language, verbal or written. Symbolism may also be used, like the clinched fist, the bended knee, the salute to the flag, the flag itself, the picket line, pictures, caricatures and cartoons ; Slander a person, charged for the crime of libel for publishing a defamatory and malicious news item intended to degrade and ridicule, cannot hide under the cloak of freedom of expression. Obscenity a person may be held criminally liable for publishing obscene books. Under the law, publishing an article offensive to chastity, decency or delicacy is a crime. Inciting to Rebellion Inciting others to the execution of any acts of rebellion or sedition is a crime. Sec. 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.(FREEDOM OF RELIGION) RELIGION may be defined as any specific system of belief, worship, conduct, etc. often involving a code of ethics and a philosophy. The freedom of religion includes the rejection of religion, a refusal to believe in a hereafter or in the supremacy of supernatural person with powers over life and death. The right to religious profession and worship is two-fold: 1. Freedom to believe; and the 2. Freedom to act on ones belief.

Sec. 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 and TRAVEL) The freedom of movement includes 2 rights : 1.The liberty of abode The rule is that: NO ONE COULD BE COMPELLED TO CHANGE HIS OR HER HOME EXCEPT IN ACCORDANCE WITH THE LAW. The liberty of abode may be impaired only through lawful order of the court 2. The liberty of travel. Sec. 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. (RIGHT TO INFORMATION) Limitations on the right to information as follows: 1. National Security Matters. 2. Trade secrets and banking transactions pursuant ot the Intellectual Property Code and other related laws, and to the Secrecy of Bank Deposits; 3. Criminal matters or classified law enforcement matters, such as those relating to the apprehension, the prosecution and the detention of criminals, which courts may not inquire into prior to such arrest, detention and prosecution; 4. Other confidential matters. The Ethical Standards Act (RA 6713) prohibits public officials and employees employees from using or divulging confidential or classified information officially known to them by reason of their office and not made available to the public. 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 UNIONS) Sec. 9. Private property shall not be taken for public use without just compensation. (RIGHT TO PRIVATE PROPERTY) Who may exercise the power of eminent domain? 1. The Congress 2. The President 3. The various local legislative bodies 4. Certain public corporations 6. Quasi-public corporations (PLDT) Requisites : 1. The purpose must be public 2. There has to be payment of just compensation Just compensation is determined by the FAIR MARKET VALUE OF THE THING Note : when the government does not pay the private owner, the owner can sue the government. Sec. 10. No law impairing the obligation of contracts shall be passed. Contract is the meeting of the mind between persons whereby one binds himself with respect to the other to give something or to render some service.

Obligation of a contract is a law or duty which binds the parties to perform their agreement according to its terms or intent if it is not contrary to the law of the land, morals, good customs, public or public policy Note : No law should damage the agreement one has made with another. Sec. 11. Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person for reason of poverty. Note : anyone, regardless of what social class you belong can avail of free legal assistance/free services of a lawyer. Those who belong to the poverty line can still avail of free lawyer through the Public Attorneys Office. PAO lawyers are paid by the government. Sec. 12. RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION : (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 service of counsel, he must be provided with one. These rights cannot be waived except in writing and 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. Sec. 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.---- RIGHT TO BAIL BAIL is the security required and given for the temporary release of the person who is in the custody of the law that he will appear before any court in which his appearance may be required as stipulated in the bail bond or recognizance. Note : Bail is when one leaves an amount of money or bond so the accused can be temporarily released from jail. Whether the person is found to be guilty or not guilty, after the hearing/trial, the court returns the money or the bond. (Limitation) However, a person cannot avail of the right to bail when one has committed a crime that is punishable by reclusion perpetua (life sentence), and if the evidence of guilt is very strong. Sec. 14. RIGHTS OF AN ACCUSED PERSON (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 1. The right to present evidence and to be present at the trial 2. The right to be assisted by counsel 3. The right to have a compulsory process to compel the attendance of witnesses in his behalf. Sec. 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 a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, of the day and cause of his capture, or detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. Note : The purpose of the writ is to protect the person from being illegally detained. Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.----Note : The right to a speedy disposition of cases is different from the right to a speedy trial. Speedy disposition means that the accused is protected from any arbitrary (illogical) delay of his/her case. Sec. 17. No person shall be compelled to be a witness against himself.-----RIGHT AGAINST SELF-INCRIMINATION. Note : A person cannot be a witness against himself to protect the person from : 1) Abuses from the police like torture 2) Committing the crime of perjury (lying). Any confession from the accused which is a violation of this section and section 12 cannot be used as an evidence in court. Sec. 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.(NO SUMMARY) (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. RIGHT AGAINST INVOLUNTARY SERVITUDE Political beliefs. No man is to be interfered with because of his opinions provided his avowal of them does not disturb public order or established law. INVOLUNTARY SERVITUDE denotes a condition of enforced, compulsory service of one to another. It is applied to any servitude in fact involuntary, no matter under what form such servitude may have been disguised. Note : a person should not be imprisoned just because of his political beliefs. And involuntary service is only enforced as a punishment to a crime/offense. Sec. 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. Note : 1) RIGHT AGAINST EXCESSIVE FINES----fine here is a punishment other than imprisonment. This is not the same as bail. However, fine is dependent on the gravity of the persons offense, thus, this right protects us from grave abuse of authority. 2) RIGHT AGAINST CRUEL, DEGRADING & INHUMAN PUNISHMENT --this is a right recognizing convicted persons that despite the crimes they have committed, they are still considered as humans. With this, the Phil govt do not have death penalty as a punishment except for heinous crimes like rape with murder and parricide (one killing ones immediate family). Any death penalty imposed shall be lessened to reclusion perpetua (life sentence). This is because we are not assured that the judicial system is always right. And we always consider the principle that it is better to set free a murderer than kill (through death penalty) an innocent person (wrongly accused of a crime). Sec. 20. No person shall be imprisoned for debt or non-payment of poll tax. DEBT is defined as that which is due from one person to another, whether money, goods, or services, that which one person is bound to pay to another or to perform for his benefit, thing owed, obligation or liability. In law, it is an action to recover specific sum of money alleged to be due. Note : person who became indebted due to unfortunate circumstances should not be in jailed especially if the person do not have the capacity to pay. On the other hand, if a person became indebted and then paid the debtor through fraudulent means, then by all means, the debtor can file a case against this person. Example : Juan, who is unemployed, was forced to borrow money from Pedro to have his kid hospitalized. Promising to pay after a month, Juan got the money. After month, still unable to get a job, Juan cannot pay Pedro. Pedro cannot have him jailed because of this reason. Now, if Juan borrowed money from Pedro and he paid Pedro through a check. When Pedro went to the bank, the account does not have any money in it. Pedro can file a case of Estafa against Juan as he paid through fraudulent (deceitful) means.

Sec. 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 Requisites of double jeopardy: 1. There has to be a valid complaint or information; 2. The complaint or information is filed before a competent court 3. The defendant had pleaded 4. The defendant had previously been acquitted or convicted or which was dismissed or otherwise terminated without his express consent.

Note : right against double jeopardy means that a person cannot be punished for the same offence twice. Whether the person has been found guilty or not, after trial and the case has already been decided, the case cannot be filed again in another court. Example : Juan was filed a case of qualified theft in Iligan City. After a series of hearings and due to lack of evidences, the case was dismissed and Juan was acquitted. The complainant, Maria was not satisfied with the result. She again filed the same case in the court of Ozamis City. However, Juan undergone the same process invoked his right against double jeopardy and thus was set free. Sec. 22. No ex-post facto law or bill of attainder shall be enacted.------RIGHT AGAINST EX-POST FACTO LAW/BILL OF ATTAINDER Note : Bill of attainder is a law that inflicts punishment without judicial trial. This right against bill of attainder protects us from the abusive use of legislative authority (power to make laws). For example, Senator John Smith does not like Peter Pan. One day he created a law declaring Peter Pan as illegal. Without knowing what their fault was, all men whose name is Peter Pan was jailed. This is unfair because the name Peter Pan does not entail any threat to the society. The law was made out of the selfish interest of the Senator. Thus, we have this right. Expost facto law is a law that aggravates (worsens) the punishment of a crime. For example, Jane Smith was accused of Theft. She was given a punishment of 10 years imprisonment. Now, during her tenth year, a day before she is about to be set free, a law was passed and enforced. The law states that all those who committed theft will now be punished with death penalty. Now, this is rather unfair for Jane. Thus, we are protected from this unfortunate event. The effectivity of a law should start from the day it was approved and applies to the future. It should not apply to the past.