SOC.SCI.

205 – POLITICAL SCIENCE

Chapter 15

BILL OF RIGHTS

The Bill of Rights is a statement of individual liberties, freedom and

rights which residents and sojourners in the Philippines, Filipino or
foreigner, enjoy against exertion of government power. It is the third article
from the 1987 Philippine constitution. The bill of rights is a protection
installed by the constitution in favor of individuals against possible abuses
and arbitrariness in the exercise of power by the government.

Protection against the state – The Bill of Rights is not meant to be

invoked against act of private individuals. It is a protection against the
state.

Liberties and Order – Protection of liberties must not result in public

disorder and maintenance of public order must not apprehensively deprive
an individual of his liberties.

Section 1.

Due Process Clause – Due process simply means basic fairness and
adequate justice. It is the embodiment of the sporting idea of fair play.

Person – The constitutional protection under the due process

clause extends to any person including an alien.

Deprivation – Deprivation is the act of taking something away from

somebody or preventing somebody from having something. It is
unconstitutional if deprivation of life, liberty or property is done
without due process of law.

Life – Life includes the right of an individual to his body in its

completeness, free from dismemberment, and extends to God-
given faculties which makes life enjoyable.
 Liberty – Liberty is the right to exist and the right to be free from
arbitrary personal restraint or servitude.

Property – Property is anything that can come under the right of

ownership and be subject of contact. It includes intangible property
such as copyrights, trademarks and trade name.

Two aspects of due process

A. Procedural Due Process of Law – It requires:

1. Impartial court vested with judicial power

2. Jurisdiction that is lawfully acquired by the court

3. Defendant must be given notice and opportunity to be heard

4. Judgement must be rendered after a lawful hearing.

Student Due Process – It requires:

1. Student must be informed in writing of the nature and cause of

accusations leveled against them.

2. Students have the right to answer charges against them

3. Students be informed of the evidences against them

4. Students have the right to adduce evidences on their behalf

5. Evidences to be duly considered by the investigating committee

B. Substantive Due Process of Law – The most important limitation of

police power. There are two tests in determining whether or not the police
power is repugnant to the due process clause, to wit;

1. Lawful subject – interest of the public requires the exercise of police

power.
2. Lawful means – the means employed are reasonably necessary for the
accomplishment of purpose.

Equal Protection of the Law – the law must treat equally persons or
properties similarly situated with respect to the conferment of rights or
imposition of obligations.

a. Universal Application – The equal protection clause does not require

the universal application of laws on all persons or things without
distinction.

b. Classification – The equal protection clause extends merely to persons

or properties of the same class. The law may treat persons or properties
unequally if they are not similarly situated.

1. Substantial distinction

2. Relevant to the law

3. Not limited to existing condition

4. Apply to all members of the same class

Section 2.

Right Against Unreasonable Searches and Seizures – The right of the

people to be secured in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest
shall be issued. The government has ample authority to make search and
seizure.

Warrantless Arrest – A private individual can arrest a criminal without a

warrant. This is called citizen arrest. It is allowed under the following
occasions:

1. Flagrante Delicto Arrest

a. Person to be arrested has committed, is actually committing, and

is attempting to commit an offense
 b. Commission is in the presence of the arresting individual

c. Arresting individual has personal knowledge of such commission

a. Commission of a Crime – Person to be arrested has committed, is

actually committing, and is attempting to commit an offense

Continuing Crime Doctrine – Rebellion is a continuing crime.

b. Presence – The element of presence requires that the arresting

individual must know the commission of crime through his sensory
perception.

c. Personal Knowledge – To justify a flagrante delicto arrest, it is not

enough that a crime is actually being committed in his presence. The
arresting officer must be personally aware of the commission of such
crime.

2. Hot Pursuit Arrest – Hot pursuit arrest takes effect when a crime has
just in fact been committed and the arresting police officer or private
individual has probable cause to believe based on personal facts or
circumstances that the person to be arrested has committed it.

a. Time Element – The rule requires that the arrest immediately follows the
commission of the offense. The Supreme Court holds an unlawful arrests
made 6 days, 3 days, 24 hours and 19 hours after the commission of the
crime.

b. Personal Knowledge - It means that the arresting police officer or

private individual must have probable cause based on personal knowledge
of facts or circumstances that the person to be arrested has committed a
crime.

3. Arrest of Fugitive – When a person to be arrested is a prisoner who

escaped from a penal establishment or place where he is serving final
judgement or temporarily confined while his case is pending
Warrantless Search

a. Arrest and Search – Search can be made as an incident to lawful arrest.

b. Search and Arrest – Search as an incident to a lawful arrest applies

when the arrest preceded the search.

c. Moving Vehicle – If the subject matter of the search is a moving vehicle

and the police officer has reasonable ground to believe that the suspect,
who is a driver or passenger of the subject vehicle is committing a crime
due to a reliable information relayed by a police informant, search on the
same will not be tainted with illegality.

d. Checkpoint – It is legal as long as the search by police officers who are

manning it is limited to visual inspection.

e. Plain View Doctrine – Incriminatory items within the plain view of a

police officer may be confiscated without offense to the Constitution.

f. Waiver – The right of an individual against unreasonable search may be

waived. If a person agreed to a search made by policeman, he could not
later on question the validity of the search and confiscation of items used
as a evidence against him.

Section 3.

Privacy of Communication – The privacy of communication and

correspondence shall be inviolable expect upon lawful order of the court

Section 4.

Freedom of Expression – No law shall be passed abridging the freedom

of speech, of expression, or of the press or the right of the people

Freedom of speech and the right of assembly are treasured by Filipinos.

Denial of these rights was one of the reasons of our 1898 revolution
against Spain.
Freedom of Expression and Speech – It has two aspects, to wit freedom
from censorship or prior restraint and freedom from subsequent
punishment.

1. Censorship – It is the suppression or restriction of publication of

newspapers or books, airing of news over the radio, showing of materials
on TV, ect.

2. Freedom from Subsequent Punishment – It requires the effective

exercise of freedom of expression,

a. Slander – A person, charged from the crime of libel for publishing a

defamatory and malicious news item intended to degrade and ridicule
another person, cannot validly hide under the cloak of freedom of
expression.

b. Obscenity – A person may be held criminally liable for publishing

obscene books.

c. Inciting to rebellion – Inciting others to the execution of any acts of

rebellion or sedition is a crime.

Parliamentary Immunity – Legislators may exercise freedom of speech in

relation to their legislative functions without government regulations except
those issued by the House which they belong.

Freedom of the Press – Media has the right to inform the public through
television, newspapers, radio, movies, internet, text messages, books,
mail, and other means of communications, of what is happening in the
world.

Right to Peaceable Assembly – The right to assemble peacefully and to

petition the government for redress of grievances is not absolute.

Time, Place, and Manner Regulations – B.P. No. 880 requires written
permit for the holding of public assemblies in public places subject to the
right of the mayor to modify the place and time of the public assembly, to
impose rerouting of the parade or street march, to limit the volume of loud
speakers or sound system and to prescribe other appropriate measures on
on the conduct of the public assembly.

Student’s Demonstrations – Students may participate in demonstrations

in the exercise of right to peaceable assembly and free speech, If the
student assembly is to be held in school premises, permit must be sought
from school authorities.

Privacy of Public Officials – The power exercised by government

officials emanates from the people. The public may question or criticize the
acts done by public servant. However, the right to criticize a public official
is not an authority to maliciously and publicly defame them.

Criticizing the Decisions of the Judicial Branch – Freedom of

expression is not applicable for the judicial branch. The court must render
decision on the basis of evidences and law and not on public pressure or
mob influence.

Lobbying – It refers to the conduct of activities by persons, organizations,

interest groups or the public at large aimed at influencing policy decisions
and positions of the executive and legislative departments.

Section 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

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.

Limitations On The Right

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.

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.

Section 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 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.

Information that be withheld to the public:

1. National security matters

2. Confidential diplomatic matters

3. Trade secrets and banking transactions

4. Identity of informants in criminal investigation

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.

4. Public records accepted.

5. Burden on government to justify withholding of information.

Section 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 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.

Section 9.

Private property shall not be taken for public use without just
compensation.

Eminent Domain

Taking the property must be private in nature.

Usage The property must be used for public use.

Compensation must be given to the owner. Compensation must be equal

to the property’s market value.

Police Power

 Public Health
  Public Morals
 Public Safety
 Public Welfare and Convenience

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.

Section 10.

No law impairing the obligations of contracts be passed.

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 non-impairment prohibition

The prohibition is intended to protect creditors, to assure the fulfilment 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.
Section 11.

Free access to the courts and quasi-judicial 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 self-incrimination.

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.

NAME: Manalastas, Aldrin P.

COURSE: MaEd – Social Science
SUBJECT: Soc. Sci. 205 – Political Science
INSTRUCTOR: Dr. Ray Samuel G. Grecalda ASC, LPT