Bill of Rights

I- Rights of the accused

Assistance of counsel (right to assistance of counsel)- The right of a person under investigation is
to " have a competent and independent counsel preferably of his own choice". The purpose is to
preclude the slightest coercion as would lead the accused to admit something else. (People vs Evanoria).

Bail- The security given for the release of a person in custody of law, furnished by him 1 or a
bondsman, conditioned upon his appearance before any court as required (SEc. 1, Rule 114, ROC).

Criminal due process- Requisites of criminal due process:

1. Accused is heard by a court of competent jurisdiction.
2. Accused is proceeded against under the orderly processes of law.
3. accused is given notice and opportunity to be heard.
4. judgment must be rendered afterawful hearing.

Right to be informed- Requisites for properly informing the accused of the nature and cause of
the accusation:
1. Information must state the name of the accused
2. Designation given to the offense by the statute
3. Statement of the facts or omission so complained of as constituting
the offense
4. name of the offended party
5. Approximate time and date of commission of the offense
6. place where offense was committed
7. Every element of the offense must be alleged in the complaint or
information.

Trials in absentia- Trial in absentia may proceed if the following requisites are present:
1. Accused has been validly arraigned
2. Accused has been duly notified of the dates of hearing
3. Failure to appear is unjustifiable.
Right to speedy, impartial and public trial

The term "speedy" means free from vexations, capricious, and oppressive
delays.

Impartial trial meant that the accused is entirled to cold neutrality of an

impartial judge, one who is free from interest or bias.

Trial must be public in order to prevent possible abuses which may be

commutted against the accused. The attendance at the trial is open to all, irrespective of their
relationship to the accused.

XPN: If the evidence to be adduced is "offensive to decency or public

morals," the public may be excluded.

Right of confrontation- Purpose:

1. To afford the accused an opportunity to test the testimony of a
witness by cross- examination,
2. To allow the judge to observe the deportment of the witness.

Presumption of Innocence- Basis:

No person shall be compelled to be a witness against himself (Art. III
sec. 17)

It can be invoked only by an individual accused of criminal offense; a

corporate entity has no personality to invoke the same.

Equipose rule- When the evidence of both sides is equally balanced, the
constituttional preseumption of innocence should tilt the scales in favor of the accused.

Right to be heard- An accused has the constitutional right " to be heard by himself and counsel"
and the right " to testify as a witness in his own behalf". The denial of such right is a denial of due
process.

Right to compulsory process to secure attendance of witness and production of evidenceMeans available to the parties to compel the attendance of witnesses and the production of documents
and things needed in the prosecution or defense of a case.

II- Freedom of Expression

1. Tests:
Tests for valid governmentalinterference to freedom of expression:

a. Clear and present danger test

Question: Whether the words are used in such circumstances and are of such a
nature as to create a clear and present danger that they will bring about the substantive evils that
Congress has a right to prevent.
Emphasis: The danger created must not only be clear and present but also
traceable to the ideas expressed.

b. Dangerous Tendency Test-

Question: Whteher the speech restrained has a rational tendency to create the
danger apprehended, be it far or remote, thus government restriction would then be allowed, it is not
necessary though that evil is actually created for mere tendency towards the evil is enough.
Emphasis: Nature of the circumstances under which the speech is uttered,
though the speech per se may not be dangerous.
c. Grave- but- imrpobable danger testQuestion: Whether the gravity of the evil discounted bby its improbability
justifies such an invasion of free speech as is necessary to avoid the danger.
d. Balancing of interest testQuestion: Which of the two conflicting interests (not involving national security
crimes) demands the greater protection under the particular circumstances presented.
c. O' Brien testQuestion- In situations when "speech" and non- speech elements are combined
in the same course of conduct, whether there is a sufficiently important governmental interest that
warrants regulating the non- speech element, incidentally limiting the "speech" element.
d. Direct Incitement testQuestion: What words did a person utter and what is the likely result of such
utterance?
Emphasis: The very words uttered, and their ability to directly incite or produce
imminent lawless action.
2. Prior Restraint
Means official government restrictions on the press or other forms of expression in
advance of actual publication or dissemination (Bernas).

3. Content Based & content- neutral regulation

Content - neutral regulation- merely concerned with the incidents of the speech, or one
that merely controls the time, place or manner, and under well -defined standards.
Content- based restraint- The restriction is based on the subject matter of the utterance
or speech. The cast of the restriction determines the test by which the challenged act is assailed with.
4. Freedom from subsequent punishment

A limitation on the power of the State from imposing a punishment after publication or
dissemination. Without this assurance, the individual would hesitate to speak for fear that he might be
held to account for his speech, or that he might be provoking the vengeance of the officials he may have
criticized.
5. Commercial Speechighly
Communication which " no more than proposes a commercial transaction".
Advertisements of goods or of services is an example of this.
To enjoy protection, commercial speech :
1. must not be false or misleading,
2, should not propose an illegal transaction.
6. Facial Challenges and Overbreadth doctrine
Facial Challenge
A challenge to a statute in court, in which the plaintiff alleges that the legislation
is always, and under all circumstances, unconstitutional and therefore void.
Overbreadth Doctrine
Permits a party to challenge the validity of a statute even though as applied to
him it is not unconstitutional but it might be applied to others not before the Court whose activities are
constitutionally protected.
7. Private vs. Government Speech
Government Speech- The government may advance its own speech without requiring
viewpoint neutrality when the government itself is the speaker.
Private Speech- The right of a person to freely speak one's mind is a highly valued
freedom in a republican and democratic society.

III- Searches and Seizures

1. Warrantless searchesInstances of valid warrantless search:

a. Visual search is made of moving vehicles at checkpoints.

b. search is an incident to valid arrest.

c. search of passengers made in airports
d. plain view doctrine
e, stop and frisk
f. presence of valid express waiver
g. customs search
h. exigent and emergency circumstances

2. Warrantless arrests
1. in flagrante delicto
2. hot pursuit
3. escaped prisoner or detainee
4. waiver
5. continuing offenses

3. Requisites of a valid warrant:

1. There should be a search warrant or arrest issued by a judge,
2. Probable cause supported the issuance of such warrant,
3. Such probable cause had been determined personally by the judge,
4. Judge personally examined the complainant and witnesses,
5. The warrant must particularly describe the place to be searched and the
persons or things to be seized.

IV- Freedom of Religion

A. concept and basis:
Guarantees contained in SEc 5 Art III

a. non- establishment clause;

b. Free exercise clause, or the freedom of religious worship and
profession.

B. Acts permitted and not permitted by the Clause

The non- establishment clause states that the State cannot:
1. set up a church
2. pass laws which aid one or all religions or prefer one over another,
3. Influence a person to go or stay away from church against his will
4. force him to profess a belief or disbelief in any religion.

Constitutionally created exceptions to the non- establishment clause:

1. prohibition on appropriation of public money or property for the use, benefit
or support of any religion. (Art 6 sec 29)
2. exemption from taxation of properties actually, directly, or exclusively used
for religious purposes (Art 6 sec 28)
3. Optional religious instruction in public elementary and high school (Art 14,
sec 3)

4. citizenship requirement of ownwership of educational institutions, except

those established by religious groups and mission boards (Art 14, sec 4)

C. Free- exercise clause

Aspects of freedom of religious profession and worship:
a. Right to believe, which is absolute; and
b. Right to act on one's belief, which is subject to regulation.

D. Compelling state interest test

Used to determine if the interests of the State are compelling enough to justify
infringement of religious freedom.

E. Test
Clear and present danger test
The question in every case is whether the words used are used in such
circumstances and are of such a nature as to create a clear and present danger that they will bring about
the substantive evils that Congress has a right to prevent.

Conscientous Objector test

An " individual who has claimed the right to refuse to perform military service
on the grounds of freedom of thought, conscience, and or religion.
Requisites:
1. The person is opposed to war in any form;
2. He must show that this opposition is based upon religious belief;
3. and he must show that this objection is sincere.
V. EMINENT DOMAIN
I COncept:

Power of eminent domain- power of the State to forcibly acquire the needed
property in order to devote it to the intended public use, upon payment of just compensation.

II Effect of delay of payment:

GR: Non- payment by the government does not entitle private owners to
recover possession of the property because experopriation is an in rem proceeding, not an ordinary sale,
but only entitle them to demand payment of the fair market value of the property.
XPNs: 1. when there is deliberate refusal to pay just compensation;

2. Government failure to pay compensation within 5 years from the finality

of the judgement in the expropriation proceeedings.

III Abandonment of Intended use and right of repurchase

- that the taking of private property, consequent to the Government's exercise
of its power of emiment domain, is always subject to the condition that the proprty be devoted to the
specific public purpose for which it was taken.Corollarily, if this particular purpose is not initiated or not
at all pursued and is abandoned, then the former owners, if they so desire, may seek the reversion of
the property, subject to the return of the amount of just compensation received.
IV- Determination of Just compensation
The value of the property must be determined either at the time of taking or
filing of the complaint, whichever comes first.

VI- Due Process

Due process means that:
1. There shall be a law prescribed in harmony with the general powers of legislature;
2. It shall be reasonable in its operation;
3. It shall be enforced according to the regular methods of procedures prescribed; and
4. It shall be applicable alike to all citizens of the State or to all class.

VII- Double JeopardyRequisites:

1. valid compliant or information
2. Filed before competent court;
3. To which the defendant pleaded,
4. Defendant was previously acquitted or convicted, or the case dismissed or
otherwise terminated without his express consent.