Concept of Bill of Rights (Philippines)

1. 1. CONCEPT OF A BILL OF
RIGHTS It is a declaration and
enumeration of a persons rights and
privileges which the Constitution is
designed to protect against violation
by the government, or by individual or
groups of individuals. It is a charter of
liberties for the individual and a
limitation upon the power of the State.
CLASSES OF RIGHTS 1. Natural
Rights those possessed by every
citizen without being granted by the
State for they are given to man by
God as human being created to His
image that he may live a happy life. 2.
Constitutional Rights conferred and
protected by the Constitution. 3.
Statutory Rights provided by law,
promulgated by the law-making body
and consequently may be abolished by
the same body. CLASSIFICATION
OF CONSTITUTIONAL RIGHTS 1.
Political Rights the power to
participate directly or indirectly in the
establishment or administration of the
government. 2. Civil Rights a law
which secures private individuals for
the purpose of securing enjoyment of
their means of happiness. 3. Social
and Economic Rights intended to
insure the well being and economic
security of an individual. 4. Rights of
the Accused intended for the
protection of a person accused of any
crime.
2. 2. STATE AUTHORITY AND
INDIVIDUAL FREEDOM 1. State,
an instrument to promote both
individual and social welfare. 2.
Conflict between individual rights and
group welfare. 3. Balancing of
individual and group rights and
interests. 4. Role of the Judiciary.
SEC. 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. MEANING OF DUE PROCESS
OF LAWS Any deprivation of life,
liberty, or property by the State is with

due process if it is done: 1. Under the

authority of the law that is valid or the
Constitution itself; and 2. After
compliance with fair and reasonable
methods of procedure required by law.
ASPECTS OF DUE PROCESS OF
LAW 1. Procedural due process a. In
judicial proceedings a1. An impartial
court clothe by law with authority to
hear and determine the matter before
it; a2. Jurisdiction lawfully acquired
over the person of the defendant or
property which is the subject matter of
the proceeding; a3. Opportunity to be
heard given the defendant; and a4.
Judgment to be rendered after lawful
hearing. b. In administrative
proceedings 1. Substantive due
process a. Thus a tax which is
imposed for a private purpose
constitutes a taking of property
without due process as it is beyond the
authority of legislature to levy. b.
Likewise the taking of property for
private use or without payment of just
compensation offends substantive due
process. PERSONS PROTECTED
All persons within the territorial
Jurisdiction of the Philippines, without
regard to any difference of race, color,
or nationality, including aliens.
MEANING OF LIFE Something
more than mere animal existence. The
prohibition against its deprivation
without due process extends to all the
limbs and faculties by which life is
enjoyed. MEANING OF LIBERTY
The right of man to use its faculties
with which he has been endowed by
his Creator subject only to the
limitations that he does not violate the
law or the rights of others. MEANING
OF PROPERTY The thing itself or
the right over a thing.
3. 3. WHAT CONSTITUTES
DEPRIVATION? 1. Deprivation of
life the loss of any of the various
physical and mental attributes which
man must have to live as a human
being. It is the very foundation of
human rights. 2. Deprivation of liberty
that one is unduly prevented from

acting the way he wishes to do. 3.

Deprivation of property when its
value is destroyed or its adaptability to
some particular use or its capability
for enjoyment is impaired. A.
MEANING OF EQUAL
PROTECTION OF THE LAW
signifies that all persons subject to
legislation should be treated alike
under circumstances and conditions
both in the privileges conferred and
liabilities imposed. B.
REASONABLE CLASSIFICATION
PERMITTED 1. Foreign corporations
are made to pay higher amount of
taxes than that paid by domestic
corporations. 2. Certain professions
are limited to persons of the male sex.
3. Certain privileges for leaves and
shorter hours of labor extended o
women are not extended to men. 4.
Preference is given to Filipino citizens
in the lease of public market stalls. 5.
Different professions are taxed at
different amount. 6. Employment in
factories of children under designated
ages is prohibited. C. SCOPE OF
THE GUARANTEE 1. The guarantee
of equal protection (and due process
of law) on all the organs of
government and all the subordinate
instrumentalities and subdivisions
thereof, and on the three inherent
powers of government. 2. The
guarantee is available to all persons. 3.
It does not extend to rights which are
political. 4. It is not also intended to
enforce social equality. SEC. 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
whatever 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 witness he may produce and
particularly describing the place to be
searched and the persons or things to
be seized. A. MEANING OF

SEARCH WARRANT AND

WARRANT OF ARREST 1. 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 him to search for a
certain personal property and bring it
before the court. 2. Warrant of arrest
a written order to arrest a person
designated to take him in custody in
order that he may be bound to answer
for the commission of an offense.
4. 4. B. SCOPE OF PROTECTION 1.
Persons applies to every citizen of
the Philippines including aliens
whether accused of crime or not. 2.
Houses not limited to dwelling
houses but extends to a garage,
warehouse, shop, store, office and
even a safety deposit vault. 3. Papers
and effect include sealed letters and
packages in the mail which may be
opened and examined only in
pursuance of a valid search warrant.
C. WHEN SEARCH AND SEIZURE
UNREASONABLE In general, all
illegal searches and seizures are
unreasonable while lawful ones are
reasonable. D. REQUISITES FOR
VALID SEARCH WARRANT OR
WARRANT OF ARREST 1. Issued
upon probable cause. 2. The probable
cause must be determined personally
by the judge himself. 3. Such
determination of the existence of
probable cause must be made after
examination by the judge of the
complainant and the witnesses he may
produce. 4. Must particularly describe
the place to be searched and the
persons or things to be seized. E.
MEANING OF PROBABLE CAUSE
such facts and circumstances
antecedent to the issuance of a warrant
sufficient in themselves to induce
cautious man to rely upon them and
act in pursuance thereof. F.
SUFFICIENCY OF AFFIDAVIT
UPON WHICH WARRANT IS
BASED 1. Test of sufficiency
affidavit the true test of sufficiency

of an affidavit to warrant issuance to a

search warrant is whether it had been
drawn in a manner that perjury could
be charged thereon and affiant be held
liable for damages caused in case his
declaration are found to be false. 2.
Basis of affidavit must be based on
personal knowledge or information.
G. SUFFICIENCY OF
DESCRIPTION 1. Place A
description of the place to be searched
is sufficient if the officer wi th a
search warrant can, with reasonable
effort, ascertain and identify the place
intended. 2. Person As a rule, a
warrant of arrest for the apprehension
of an unnamed party upon whom it is
to be served is void except those cases
where it contains a description of the
person or such as will enable the
officer to identify the accused. 3.
Property is required to be specific
only in so far as the circumstances
will ordinarily allow.
5. 5. H. RIGHT AGAINST
UNREASONABLE SEARCH AND
SEIZURE, PERSONAL 1. Proper
party to invoke right the legality of
search and seizure can be contested
only by the party whose personal
rights were involved. 2. Right subject
to waver Without proper search
warrant, no public official has the
right to enter the premises of another
without his consent for the purpose of
search and seizure. I. WHEN
SEARCH AND SEIZURE MAY BE
MADE WITHOUT WARRANT 1.
Where there is consent or waiver. 2.
Where search is an incident to a
lawful arrest. 3. In the case of
contraband or forfeited goods being
transported. 4. The possession of
articles prohibited by law is disclosed
to plain view or is open to eye and
hand. 5. As an incident of inspection,
supervision and regulation in the
exercise of police power. 6. Routinary
searches usually made at the border or
at ports of entry in the interest of
national security and for proper
enforcement or customs and

immigration laws J. WHEN ARREST

MAY BE MADE WITHOUT
WARRANT 1. When, in his presence,
the person to be arrested has
committed, is actually committing, or
is attempting to commit an offense. 2.
When an offense has in fact just been
committed and has been personal
knowledge of facts indicating that a
person to be arrested has committed it.
3. When a person to be arrested is a
prisoner who has escaped from a
penal establishment where he is
serving final judgment or temporarily
confined while his case is pending, or
has escaped while being transferred.
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 the law. (2) Any
evidence obtained in violation of this
or the preceding section shall be
inadmissible for any purpose in any
proceeding. MEANING OF RIGHT
OF PRIVACY The right to be left
alone.
6. 6. BASIS AND PURPOSE OF THE
RIGHT 1. Right existing in the state
of nature. 2. Right designed to secure
enjoyment of ones private life.
RELATIONSHIP WITH RIGHT
AGAINST UNREASONABLE
SEARCHES AND SEIZURES 1.
Aspect of right to be secure in ones
person. 2. Privacy of communication
and correspondence LIMITATIONS
ON THE RIGHT OF PRIVACY OF
COMMUNICATIONS 1. Permissible
interference. a. Upon lawful order of
the court; or b. When public safety or
order requires otherwise as prescribed
by law. 2. Intervention of the court.
EVIDENCE ILLEGALLY
OBTAINED 1. Inadmissible any
evidence obtained in violation of the
right against unreasonable search and
seizures and the right to privacy and
communication. 2. Reason its
exclusion is the only practical way of
enforcing the constitutional

guarantees. 3. Right of owner the

owner has the right that the articles
seized be returned. MEANING OF
WRIT OF HABEAS DATA is a
judicial remedy available to any
individual whose right to privacy in
life, liberty, or security is violated or
threatened by an unlawful act or
omission of a public official or
employee or of a private individual or
entity engaged in gathering,
collecting, or storing of data or
information regarding the person,
family, home, and correspondence of
the aggrieved party. A. PURPOSE OF
THE WRIT to secure the privacy of
an individual by way of regulating the
processing of personal information or
data about him. B. HOW WRIT
OPERATES Any aggrieved party
may file a petition in court for the writ
of habeas data. The court shall issue
the writ which shall be served upon
the respondent who shall file a written
return under oath with supporting
affidavits. SEC. 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. MEANING
OF FREEDOM OF SPEECH, AND
EXPRESSION, AND OF THE
PRESS The right to freely utter and
publish whatever one pleases without
previous restraint, and to be protected
against any responsibility for so doing
as long as it does not violate the law,
or injure someones character,
reputation, or business.
7. 7. A. SCOPE OF FREEDOM OF
EXPRESSION the rights of
assembly and petition, the right to
form associations or societies not
contrary to the law, and the right to
religious freedom. B. SCOPE OF
TERMS SPEECH,
EXPRESSION, AND PRESS 1.
Speech and expression cover any
form of oral utterances such as
protests as expression of opinion
about subjects of public concern. 2.

The press covers any sort of

publications as instruments for mass
communication. C. IMPORTANCE
OF THE GUARANTEE 1. Promotes
growth of the individual and the
nation. 2. Makes possible scrutiny of
acts and conduct of public officials. 3.
Insures a responsive and popular
government. D. FREEDOM OF
EXPRESSION NOT ABSOLUTE 1.
Subject to regulation by the state. 2.
Subject one to liability when abused.
E. JUSTIFICATION FOR
ABRIDGMENT OF FREEDOM OF
SPEECH AND OF THE PRESS 1.
Clear and present danger rule. 2.
Application of rule. F. MEANING OF
RIGHT OF ASSEMBLY AND
RIGHT OF PETITION 1. The right of
assembly means the right on the part
of the citizens to meet peaceably for
consultation in respect to public
affairs. 2. The right of petition means
the right of any person or group of
persons, to apply without fear of
penalty to the appropriate branch or
office of government for redress of
grievances. G. RELATIONSHIP
WITH FREEDOM OF SPEECH AND
OF THE PRESS 1. Complement of
right of free speech. 2. Application of
clear and present danger rule. 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. MEANING
OF RELIGIOUS FREEDOM - The
right of a man to worship God, and to
entertain such religious views as
appeal to his individual conscience,
without dictation or interference by
any person or power, civil or
ecclesiastical.
8. 8. MEANING OF RELIGION all
forms of belief in the existence of
superior beings exercising power over
human beings and imposing rules of

conduct with future state of rewards or

punishments. ASPECTS OF
RELIGIOUS FREEDOM 1. The
separation of Church and State. 2. The
freedom of religious profession and
worship. FREEDOM OF
RELIGIOUS PROFESSION AND
WORSHIP 1. Freedom to believe in a
religion. 2. Freedom to act in
accordance with such belief. RIGHT
TO DISSEMINATE RELIGIOUS
BELIEFS 1. Relationship with right to
believe. 2. Justification for restraint of
right. LICENSE FEE OR TAX ON
SALE OF RELIGIOUS ARTICLES 1.
Permission or condition for exercise
of right. 2. Imposition of financial
burden after exercise of right.
RELIGIOUS TEST PROHIBITED 1.
Meaning of terms a. A religious test is
one demanding the avowal or
repudiation of a certain religious
beliefs before the performance of any
act. b. The expression of civil political
rights (supra) is to be understood as
including the individual right
safeguarded by the Constitution and
statutory laws. REASON FOR
PROVISION Without such
prohibition, religious freedom
becomes meaningless. The State
without such a bar, notwithstanding
the doctrine of its separation from the
Church, could in fact accord
preference to a religious organization.
SEC. 6: The liberty of abode and of
changing the same within the limit
prescribed by law shall not be
impaired except upon lawful order of
the court. Neither shall the right to
travel be impaired in the interest of
national security, public safety or
public health, as may be provided by
law. MEANING OF LIBERTY OF
ABODE AND TRAVEL It is the
right of a person to have his home in
whatever place chosen by him and
thereafter to change it at will, and to
go where he pleases, without
interference of any source.
9. 9. LIMITATIONS ON THE RIGHT 1.
Permissible interference. The right is

qualified by the clauses except upon

lawful order of the court and except
in the interest of the national security,
and public safety or public health as
may be provided by law. 2.
Intervention of the court. Note that
under the second limitation, a court
order is not necessary. The
determination of the proper executive
officer (President) is subject to
judicial reviews. A person whose
liberty of abode is violated may
petition for a writ of habeas corpus
against another holding him in
detention. 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
limitations as maybe provided by law.
Right to Information on matters of
Public Concern 1. Access to official
records for exercise of right. 2.
Arguments in support of right. 3.
Constitutionally or validity of
implementing law. Scope of the Right
1. The right embraces all public
records. 2. It is limited to citizens only
but is without prejudice to the right of
aliens to have access to records of
cases where they are litigants; and 3.
Its exercise is subject to such
limitations as may be provided by law.
A. Limitations on the Right. 1. Public
records excepted. 2. Burden on
government to justify withholding of
information. 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. MEANING OF RIGHT
TO FORM ASSOCIATIONS - is the
freedom to organize or to be a
member of any group or association,
union, or society, and to adopt the
rules which the members judge most
appropriate to achieve their purpose.

10. 10. PURPOSE OF GUARANTEE 1.

Undoubtedly, the purpose of the
constitutional guarantee is to
encourage the formation of voluntary
associations so that through the
cooperative activities of individuals,
the welfare of the nation may be
advance and the government may
there by receive assistance in its everincreasing public service activities. 2.
By enabling individuals to unite in the
performance of tasks, which singly
they would be unable to accomplish,
such associations relieve the
government of a vast burden. SEC. 9:
Private property shall not be taken for
public use without just compensation.
Essential or inherent powers of
government 1. Totality of
governmental power - It is contained
in three (3) great powers, namely:
power of eminent domain, police
power, and power of taxation. 2.
Similarities - These powers are similar
in the following respects: a. They all
rest upon necessity because there can
be no effective government without
them; b. They are inherent in
sovereignty; hence, they can be
exercised even without being
expressly granted in the Constitution
although the conditions for their
exercise may be regulated and limited
by the Constitution and bylaw; c.
They are ways by which the State
interferes with private rights and
property; d. They are all legislative in
character; and e. They all presuppose
an equivalent compensation received,
directly or indirectly, by the person
affected by the exercise of these
powers by the government. Meaning
of Eminent Domain - is the right or
power of the State or of those to
whom the power has been lawfully
delegated to take private property for
public use upon paying to the owner a
just compensation to be ascertained
according to law. Conditions for or
limitations upon its exercise 1.
Existence of public use. 2. Payment of
just compensation. 3. Observance of

due process of law in the taking.

Meaning of taking 1. Actual
physical seizure not essential. 2. The
taking must be direct. Meaning of
Police Power - has been referred to as
the power of the State to enact such
laws or regulations in relation to
persons and property as my promote
public health, public morals, public
safety, and the general welfare and
convince of the people.
11. 11. Basis of police power Based on
two Latin maxims, salus populi
suprema est lex (the welfare of the
people is the supreme law), and sic
utere tuo ut alienum non laedas (so
use your own as not to injure
anothers property) A. Police power
laws. 1. Public health 2. Public morals
3. Public safety 4. Public welfare and
convenience Meaning of taxation - is
the power of the state to impose
charge or burden upon persons,
property, or property rights, for the
use and support of the government
and to enable it to discharge its
appropriate functions. Theory and
basis of taxation 1. The power of
taxation proceeds upon the theory that
the existence of government is a
necessity that it cannot continue
without means to pay its expenses,
and that for these means it has a right
to compel all its citizens and property
within its limits to contribute. 2. The
basis of taxation is found in the
reciprocal duties of protection and
support between the State and its
inhabitants. Meaning of taxes - are the
enforced proportional contributions
from persons and property levied by
the lawmaking body of the State by
virtue of its sovereignty for the
support of the government and all
public needs. Distinctions among the
three powers 1. As to authority which
exercises the power. 2. As to purpose.
3. As to effect. 4. As to persons
affected. 5. As to benefits received.
SEC. 10: No law impairing the
obligation of contracts shall be passed.
Meaning of obligation of a contract -

is the law or duty which binds the

parties to perform their agreement
according to its terms or intent, if it is
not contrary to law, morals, good
customs, public order, or public
policy.
12. 12. Scope of terms law and
contract 1. The law, the enactment
of which is prohibited, includes
executive and administrative orders of
the President, administrative orders
issued by heads of departments, and
ordinance enacted by local
governments. 2. The contract, the
obligation of which is secured against
impairment under the Constitution,
includes contracts entered into by the
government. Purpose of nonimpairment prohibition The
prohibition is intended to protect
creditors, to assure the fulfillment of
lawful promises, and to guard the
integrity of contractual obligations.
Freedom to contract not absolute The
freedom of contract is necessarily
limited by the exercise of the police
power of the State in the interest of
general welfare and especially in view
of the explicit provisions in the
Constitution with reference to the
promotion of social justice. SEC. 11:
Free access to the courts and quasijudicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
Constitutional rights of the accused in
criminal cases 1. The right to adequate
legal assistance. 2. The right, when
under investigation for the
commission of an offense to be
informed of his right to remain silent
and to have counsel. 3. The right
against the use of torture, force,
violence, threat, intimidation or any
other means which vitiates the free
will. 4. The right against being held in
secret, incommunicado, or similar
forms of solitary detention. 5. The
right to bail and against excessive bail.
6. The right to due process of law. 7.
The right to presumption of
innocence. 8. The right to be heard by

himself and counsel. 9. The right to be

performed of the nature and cause of
the accusation against him. 10. The
right to have a speedy, impartial, and
public trial. 11. The rights to meet the
witnesses face to face. 12. The right to
have compulsory process to secure the
attendance of witnesses and the
production of evidence in his behalf.
13. The right against selfincrimination. 14. The right against
detention by reason of political beliefs
and aspirations. 15. The right against
excessive fines. 16. The right against
cruel, degrading or inhuman
punishment. 17. The right against
infliction of the death penalty except
for heinous crimes; and 18. The right
against double jeopardy.
13. 13. Reasons for constitutional
safeguards 1. A criminal case, an
unequal contest. 2. Criminal
accusation, a very serious matter. 3.
Protection of innocent, the underlying
purpose. A. Right to free access to the
courts of quasi-judicial bodies. B.
Right to adequate legal assistance.
SEC. 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
the rehabilitation of victims of torture

or similar practices, and their families.

Rights of person under investigation
1. To be informed of his right to
remain silent. 2. To have competent
and independent counsel preferably of
his own choice or to be provided with
one. 3. Against the use of torture,
force, violence, threat, intimidation or
any other means which vitiates the
free will. 4. Against being held in
secret, incommunicado, or similar
forms of solitary detention. 1. Effect
of violation of the rights. 2. When
rights can be invoked. 3. Waiver of
right of silence and to counsel. SEC.
13: All persons, except those charged
with offenses punishable by reclusion
perpetua when evidence of guilt is
strong, shall, before conviction, be
bail able 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.
14. 14. MEANING OF BAIL - is the
security required by a court and given
for the provisional or temporary
release of a person who is in the
custody of the law conditioned upon
his appearance before any court as
required under the conditions
specified. Purpose and form of Bail 1.
The purpose of requiring bail is to
relieve the accused from
imprisonment until his conviction and
yet secure his appearance at the trials.
2. It may be in the form of cash
deposit, property bond, bond secured
from a surety company, or
recognizance. MEANING OF
CAPITAL OFFENSE - for purposes
of the above provision, is an offense
which, under the law existing at the
time of its commissions, and at the
time f the application to be admitted to
bail, may be punished with reclusion
perpetua, life imprisonment, or death.
SEC. 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. 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. Meaning of
writ of habeas corpus The writ of
habeas corpus is an order issued by a
court of competent of jurisdiction,
directed to the 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 I
custody the individual so detained.
Purpose of the writ It has for its
purpose to inquire into all manner of
involuntary restraint or detention as
distinguished from voluntary and to
relieve a person there from if such
restraint i s found illegal. The writ is
the proper remedy court to release y in
each and every case of detention
without legal cause or authority. Its
principal purpose then is to set the
individual liberty. How writ operates
The writ is the order from the court
requiring a person detaining another to
show cause for the detention, while
the privilege of the writ is the further
order from the court to release an
individual if it finds his detention
without legal cause or authority.
15. 15. This is how the writ of habeas
corpus operates 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 produce the
prisoner in court at specified time
together with an explanation of the
cause of detention, called the return.
After the order is obeyed, the judge
scrutinizes the return and then decides
whether it shows that imprisonment is
authorized by law. If so, the prisoner
is remanded-sent back custody. If, not
he is set free at once by the judge.
Suspension of the privilege of the writ
The privilege of the writ of habeas
corpus (not the writ itself) may be
suspended by the president (Art. VII,
Sec 18) in case only of invasion or
rebellion, when public safety requires
it. Consequently, the person under
detention by the government may not
obtain his liberty by its use. While the
person detained must still be produced
in court, the official or person
detaining him may ask the court not to
continue the proceeding any further as
the privilege of the writ as to that
particular person seeking release has
been suspended. Unlike cases where
the privilege of the writ is available
and in full force and effect, the judge
thus may be prevented in the event of
suspension from determining whether
or not the detention is authorized by
law. But the Supreme Court is
empowered to inquire, in an
appropriate proceeding filed by any
citizen, whether or not there was
factual basis to justify the suspension
by the president of the privilege. The
suspension of privilege of the writ
enables the State to hold in
preventive imprisonment pending
investigation and trial of persons who
plot against it or commit acts that
endanger its very existence (see Sec
13). Thus, the suspension in effect,
sanctions are allows arrest and
seizures without warrants issued by
courts. This topic is further discussed
under Article VII (Executive
Department), Sec 18. Writ of Amparo

The writ of habeas corpus is not to be

confused with the writ of Amparo.
Now, families of victims of
extrajudicial killings and enforced
disappearances (or any qualified
person or entity) can invoke the writ
when the right to life, liberty, or
security of a person is violated or
threatened with violation by an
unlawful act or omission of a public
official or employee or of a private
individual or entity. This special writ
prohibits respondents (those required
to answer or respond to the complaint
against them) from using the defense
of simple denial. They will have to
produce documents or evidence to
support claims that they did not
violates the right to life, liberty and
security of the aggrieved party. Even
before a petition for this writ is
resolved, the court may issue any of
the following orders to safeguard
ones right to life, liberty and security:
temporary protection order to secure
the safety of the aggrieved party and
any member of the immediate family;
inspection order for the purpose of
inspecting, measuring, surveying or
photographing property or operation
thereof; production order requiring the
production of designated documents,
papers, etc. and witness protection
order for admission of witness to the
Witness Protection, Security and
Benefit Program.
16. 16. SEC. 16: All persons shall have
the right to a speedy disposition of
their cases before all judicial, quasijudicial, or administrative bodies.
Right to speedy disposition of cases
(1) The above provision upholds the
time-honored tradition of speedy
justice for as stated in the old dictum "Justice delayed is justice denied." Its
express inclusion was in response to
the common charge against the
perennial delay in the administration
of justice which in the past has
plagued our judicial system. (2) The
right to a speedy disposition of cases
can be invoked only after the

termination of the trial or hearing of

case. (3) Under the present
Constitution, the Supreme Court, all
lowers delegate courts, and all other
lower courts are required to decide or
resolve cases within a certain period
of time. (4) The provision
contemplates the disposition of cases
involving private interests not only
before judicial bodies, but also before
quasi-judicial. SEC. 17: No person
shall be compelled to be a witness
against himself. Right against selfincrimination No person shall be
compelled to be a witness against
himself. This is a protection against
self-incrimination which may expose
a person to a criminal liability. It is
founded on grounds of: (1) Public
Policy, because if the party is thus
required to testify he would be placed
under the strongest temptation to
commit the crime of perjury; and (2)
Humanity, because it prevents the
extortion of confession by duress. The
constitutional guarantee protects as
well the right of the accused to
silence, and his silence, meaning, his
failure or refusal to testify may not be
used as presumption of guilt or taken
as evidence against him. Scope of
Guarantee The right against selfincrimination applies in criminal cases
as well as in civil, administrative, and
legislative proceeding where the fact
asked for is a criminal one. It protects
one whether he is a party or a witness.
SEC. 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. RIGHT
AGAINST DETENTION SOLELY
BY REASON OF POLITICAL
BELIEFS AND ASPIRATIONS 1.
Incarceration without charges of
political prisoners. 2. Suspension of
privilege of writ of habeas corpus
even after lifting of martial law.

17. 17. 3. Prohibition a guarantee against

having prisoners of conscience.
MEANING OF INVOLUNTARY
SERVITUDE A condition of
enforced, compulsory service of one
to another. It includes: Slavery
Peonage EXCEPTIONS OF
PROHIBITIONS 1. When the
involuntary servitude is imposed as a
punishment for a crime. 2. When
personal military or civil service is
required of citizens. 3. To injunctions
requiring striking laborers to return to
work. 4. To exceptional service. 5. To
exercise by parents of their authority.
6. When there is a proper exercise of
the police power of the State. SEC.
19: (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.
(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. SEC. 20: No person shall
be imprisoned for debt or nonpayment of a poll tax. MEANING OF
DEBT - as intended to be covered by
the constitutional guarantee, means
any liability to pay money arising out
of a contract, express or implied.
MEANING OF POLL TAXES - is a
tax of a fixed amount imposed on
individuals residing within a specified
territory, whether citizens or not,
without regard to their property or the
occupation in which they may be
engaged. 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.

MEANING OF RIGHTS AGAINST

DOUBLE JEOPARDY - means that
when a person is charged with an
offense and the case is terminated
either by acquittal or conviction or in
any other manner without the express
consent of the accused, the latter
cannot again be charged with the same
or identical offense.
18. 18. SEC. 22: No ex post facto law or
bill of attainder shall be enacted.
MEANING OF EX POST FACTO
LAW Makes an act done before the
passage of the law ,innocent when
done, criminal, and punishes such
act; or Aggravates a crime or makes it
greater than when it was committed;
or Changes the punishment and
inflicts a greater punishment than
what a law annexed to the crime
when committed; or Alters the legal
rules of evidence, and receives less
testimony than or different testimony
from what the law required at the time
of the commission of the offense, in
order to convict the offender.
CHARACTERISTIC OF EX POST
FACTO LAW They are: Ex post facto
laws relate to penal or criminal
matters only. They are retroactive in
their operation; and They are
deprive persons accused of crime of
some protection or defense
previously available, to their
disadvantage. MEANING OF BILL
OF ATTAINDER - is a legislative act
which inflicts punishment without
judicial trial.