Rights

protected by the Bill of Rights

A.

Right to Life Right to Life is not just a protection of the right to

be alive or to the security of ones limb against physical harm
but is the right to a good life.

B.

Right to Property Protected property includes all kinds of

property found in the Civil Code. It also includes the right to
work and the right to earn a living. A mere privilege, however,
may evolve into some form of property right protected by due
process. Doctrines No right is absolute, and the proper
regulation of a profession, calling, business or trade has always
been upheld as a legitimate subject of a valid exercise of the
police power by the state particularly when their conduct affects
either the execution of legitimate governmental functions, the
preservation of the State, the public health and welfare and
public morals. Exec. Sec. v. CA When property is classified into
historical treasures or landmarks, such classification should be
done with both procedural and substantive due process
especially when it will involve imposition of limits on
ownership. Army and Navy Club of Manila v. CA The right to
protected property is not absolute, and can be overturned upon
a showing of reasonable fair, and just management practices by
the employer. In this case, the protection of trade and
manufacturing secrets is a reasonable management practice to
justify the prohibition. Duncan Assoc. v. Glaxo Wellcom Phils.

C. Right to Liberty Only those authorized by law may bear arms. US v.

Villareal

Equal Protection The Equal Protection Clause is a specific

constitutional guarantee of the Equality of the Person. The equality it
guarantees is legal quality or the equality of all persons before the
law. This clause does not only prohibit the State from passing
discriminatory laws but it also commands the State to pass laws which
positively promote equality or reduce existing inequalities.
Substantive Due Process This is a prohibition of arbitrary laws. The
legislature may not, under the guise of protecting the public interest,

reasonableness or absence of exercise of arbitrary power. These are

necessarily relative concepts which depend on the circumstances of
every case.
Procedural Due Process
This relates chiefly to the mode of procedure which government
agencies must follow in the enforcement and application of laws. It is
a guarantee of procedural fairness.

Section 14: No person shall be held to answer for a criminal offense

without due process of law.
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.
Due process in criminal cases The procedure established by law must
be followed
Satisfaction of the due process requirement in criminal cases Accused
is informed as to why he is proceeded against and what charge he has
to meet, with his conviction being made to rest on evidence that is not
tainted with falsity after full opportunity for him for rebutting it and
the sentence being imposed in accordance with law, where it is
assumed that the court that rendered the decision is one of
competent jurisdiction. Nunez v. Sandiganbayan
Section 19: 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.
The employment of physical, psychological, or degrading punishment
against any prisoner or detainee, or the use of substandard or

and plainly oppressive, wholly disproportionate to the nature of the

offense as to shock the moreal sense of the community.
Guides for determining whether a punishment is cruel and unusual
A punishment must not be so severe as to be degrading to the
dignity of human beings
It must not be applied arbitrarily
It must not be unacceptable to contemporary society
It must not be excessive, i.e. it must serve a penal purpose more
effectively than a less severe punishment would
Reasons why the Constitution abolished the death penalty
1.

It inflicts traumatic pains not just to the convict but also on the
family, even if the penalty is not carried out

2.

There is no convincing evidence that it acts effectively as a

deterrent against the commission of serious offenses

3.

Penology favors reformative rather than vindictive penalties

4.

Life is too precious a gift to be placed at the discretion of human

judge

5.

The law itself, by imposing so many safeguards before a death

penalty is carried out, manifests a reluctance to impose the
death penalty

Effects of RA 9346
a.It disallows imposition of the death penalty
b.

The review of death sentences first by the CA and next by the SC

is now automatic and mandatory

c. It may not be waived by the court nor by the accused

d.

But review of reclusion perpetua may be waived

scheme, since the language of the provision does not abolish the
death penalty but merely prohibits its imposition.
Requirement for the restoration of the death penalty
1.

It must be based on compelling reasons involving heinous crimes

2.

The Congress must define or describe what is meant by heinous

crimes

3.

That Congress specify and penalize by death only crimes that

qualify as heinous in accordance with its definition

Heinous crimes (RA 7659) Crimes are heinous for being grievous,
odious and hateful offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered society.
Character of the death penalty in RA 7659 It is not mandatory. In trial
court or in automatic review, the Court must consider certain facts
before the death penalty may be imposed, and these are
a.Aggravating circumstances which attend the commission of the
crime in accordance with the RPC
b.

Other circumstances which attend the commission of the crime

which indubitably characterize the same as heinous in
contemplation of RA 7659

When is a fine excessive? It is excessive when, under any

circumstance, it is disproportionate to the offense.
Section 22: No ex-post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law An ex post facto law has been defined
as one
which makes an action done before the passing of the law, and
which was innocent when done, criminal, and punishes such
action.
which aggravates the crime or makes it greater than when it was

committed.
which alters the legal rules of evidence and receives less
testimony than the law required at the time of the commission
of the offense in order to convict the accused.
which assumes to regulate civil rights and remedies only BUT, in
effect, imposes a penalty or deprivation of a right, which, when
done, was lawful.
which deprives a person accused of a crime of some lawful
protection to which he has become entitled such as the
protection of a former conviction or acquittal, or a proclamation
of amnesty.
Effect of ex post facto law It only prohibits retrospectivity of penal
laws, unless such law may be favorable to the accused then it can have
retroactive effect
A law is penal when
it prescribes a criminal penalty imposable in a criminal trial
it prescribes a burden equivalent to a criminal penalty even if
such burden is imposed in an administrative proceeding
Forfeiture proceedings
in rem (civil)proceedings which do not involve the conviction
of the wrongdoer for the offense charged
in personam (criminal)indictment is presented before
forfeiture
Bill of pains and penalties An act which inflicts punishment less than
death without judicial trial
Bill of Attainder A legislative act which inflicts punishment without
judicial trial, whether it applies to named individuals or to easily
ascertainable members of a group. It also includes bills of pains and
penalties.

ascertainable members of a group

The penal burden is imposed directly by the law without judicial
trial