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Article III

Bill of Rights
 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.
 Section 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 for any 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 complaint and the witnesses he
may produce, and particularly describing the place to
be searched and the persons and things to be seized.
 Section 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. 
 3.2. Any evidence obtained in violation of
this or the preceding section shall be inadmissible
for any purpose in any proceeding.
 Section 4. No 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.
 Section 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.
 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.
 
 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.
 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.

 Section 9. Private property shall not be taken for


public use without just compensation.

 Section 10. No law impairing the obligation of


contracts shall be passed.
 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.
 
 Section 12.1. Any person under investigation for the commission of an offense
shall have the right to be informed of his 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.
 
 12.2. 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.
 
 12.3. Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
 
 12.4. 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.
 Section 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 maybe
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.

 Section 14.1. No person shall be held to answer for a criminal offense


without due process of law.

 14.2. 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.
 Section 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.

 Section 16. All persons shall have the right to a speedy


disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

 Section 17. No person shall be compelled to be a witness against


himself.

 Section 18.1. No person shall be detained solely by reason of his


political beliefs and aspirations.
 18.2. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have
been duly convicted.
 Section 19.1. Excessive fines shall not be
imposed, nor cruel, degrading or in human
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.
 19.2. 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.
 Section 20. No person shall be imprisoned for
debt or non-payment of a poll tax.

 Section 21. No person shall be twice put in


jeopardy of punishment for the same offense. If
an act is punished by law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.
 
 Section 22. No ex post facto law or bill of
attainder shall be enacted.
Classification of
Rights
 Natural Right – those rights possessed by every
individual without being granted by the state for
they are given to man by God as a human being.
› Right to Live
› Right to Love
 Constitutional Rights – those rights which are
conferred and protected by the constitution.
- Since they are part of the fundamental law they
cannot be modified or taken away by the law-
making body.
 Statutory Rights – those rights which are
promulgated by the law-making body and
consequently may be abolished by the same body.
 
Classification of
Constitutional
Rights
 Political Rights – rights of the citizens which give them
power to participate directly or indirectly in the establishment
of administration of the government.
› Right citizenship
› Right of suffrage
› Right to information of matters of public concern.
 Civil Rights – those rights which the law will enforce at the
instance of private individuals for the purpose of securing to
them the employment of their means of happiness.
› Rights to Involuntary Servitude
› Right against Imprisonment for Unpayment of Debt or Poll Tax.
› Constitutional Rights of an Accused
› Liberty of Abode
› Social and Economic Rights
› Freedom of Speech
 Social and Civil Economic Rights – rights
which are intended to insure the well-being
and economic security of an individual.
› Right to Property
› Right to Compensation for Private Property
› The promotion of Education
› Utilization of Natural Resources
 Rights of the Accused – civil rights intended
for the protection of a person accused of any
crime.
› Right to speedy trial, impartial and public trial
› Right to due Process of Law
The owner has the following rights over his
property (article 428 civil code)

 The right to enjoy, which includes:


› Jus utendi or right to use
› Jus fruendi or right to enjoy the fruits
› Jus abutendi or right to consume the thing by its use
 The right to dispose (Jus disponde) or the right to
alienate, encumber, transform or even to destroy
the property.
 The right to vindicate (Jus vindicandi) or the right
of action available to the owner to recover the
property against its holder or possessor.
 Due process of law- Any deprivation of life, liberty or property is with
due process if it is done under the authority of a law that is valid or of
the constitution itself and after compliance with fair and reasonable
method or procedure prescribed by law.

 Aspects of Due Process of Law


 Procedural Due Process- refers to the method or manner by which the
law is enforced
“that which hears it condemns, which proceeds upon inquiry and
renders judgement only after trial.

 Substantive Due Process- which requires that the laws itself not
merely the procedures by which the law would be enforced, is fair,
reasonable and just.
-no person shall be deprived of his life; liberty or property for arbitrary
reasons on flimsy grounds.
 What is meant by search?
-an examination of a man’s house or other
building of premises with a view to the
discovery or contraband or illicit stolen
property or some evidence of guilt to be
used in prosecution of a criminal action
for some crime or offense.
 Person- in its juridical sense refers to a being
physical or moral, real or legal which is susceptible of
right and obligations or of being the subject of legal
relations

 Person contemplates 2 concepts: 


 Natural Person or human being- possesses physical
existence, a product of procreation.
 Juridical Person- one that exists only in
contemplation of law, a product of legal fiction.
 -has the right to enter into contact
 -has the right to sue and be sued
 Example: State,political subdivisions, corporations
 Life means more than physical existence. It
includes the right to live, free from “social
damages against limb” or freedom from
unjustified control.

 -this prohibition against the deprivation of life


extends to those limbs and faculties necessary for
the enjoyment of life.
 Liberty- the right of a person to act without any
interference except in accordance with law
 - freedom to do or not to do as one pleases subject to
reasonable dictate of law.
 
 Man’s liberty which constitutional and statutory constraints
protect against invasion without due process of law
 
1. To enjoy and use one’s faculties to all lawful activities
2. To choose and pursue a vocation or occupation
3. From imprisonment and in going where one pleases
4. To enter into all kinds of contracts within legal limits,
consistent with the police power of the state
5. To work and live where one desires
 Property-means everything over which man may legally have
exclusive dominion or ownership
 - it refers to a thing which has been the object of appropriation. 

 Search Warrant- is an order writing, issued in the name of the


People of the Philippines, signed by a judge or any other officer
authorized by law and directed to another officer commanding
him to search for personal property described therein and bring
it before the court. 

 What is Arrest?
 -Arrest is the taking of a person into custody in order that he
may bound to answer the commission of an offense.
 
 
 Communication- contemplates intercourse of words, messages
transmitted through telephone, telegraph,radio and television.

 Correspondence- relates to intercourse between persons


affected by means of letters, telegram or radiogram. 

 Republic act no.4200- known as “Wire Tapping Law”


 -prohibits and penalizes a person to taw wire or cable or by
using other devise or arrangement secretly overhear intercept or
record such communication or spoken words by using a devise
commonly known as a Dictaphone or dictograph or walkie-
talkie or tape recoreder.

 Speech- includes any form of oral utterance


 Picketing- is the demonstration of employees or
labourers in the employer’s in the employer’s
premises characterized usually by carrying placards
wherein the employee’s sentiments are expressed.
 Press-includes every kind of publication such as
book, magazine, newspaper, handbills, pamphlets,
leaflets
 Freedom of Speech, of expression and of the
press-Simply means that a person is allowed to
speak out his mind in appropriate public forum or
in the radio or in any of the existing television talk
show on important issues confronting relating to
obscenity, libel or slander
 Obscenity-offensive to accepted
standard of decency
-inciting lustful feelings
 Libel-a written, printed, or pictorial
statement that unjustly damages a
person’s reputation
 Slander-the utterance of deformatory
statements injurious to the reputation or
wellbeing of a person
 Limitation of the Freedom of speech and of the press
 1. Legislature may pass laws against obscenity, libel, or
slander
 2. The government is protected against seditious attacks
 3. The criticisms against public officials must be
directed against acts of public nature or those connected
with their duties and must not unduly besmirch their
reputation
 4. The freedom is subject to regulation under the police
power of the state when it is designed to insure a free
and orderly election
 5. The freedom may be restricted in the pursuit of war
activities
 Guides to the practices of
freedom of speech
 1. Clear and present danger
rule
 2. Dangerous Tendency rule
 3. Balance of interest rule
 Religious Freedom-the right of worship God and entertain
such as religious views as appeal to the individual’s
conscience after consideration of the various external
pressures put to bear upon the person in this regard
 It would be unconstitutional to perform any of the
following acts:
a. To established a national church, whether or not is
supported by public funds
b. To compel religious instruction
c. To prohibit any person to solicit contribution for religious
purposes without first securing permit from a public
officials
d. To impose restraint upon any person’s right of expression
of religious beliefs
 Abode-mean the place where a person resides
 -domicile, that permanent home of a person to
which whenever he is absent, he has every
intention of returning
 Travel-the act of journeying, especially to
foreign or distant land
 Limitation to the right of abode or travel
 1. When there Is a lawful order of the court
 2. In the interest of the national security, public
safety or public health as may be provided by the
law, both of which are permitted in the exercise
the police power of the state
3 inherent powers of the State
1. Police power
2. Power of eminent domain
3. Power of Taxation
 Police Power-the inherent and plenary power of the
state which enables it to prohibit all that is hurtful to
the comfort, safety and welfare of the society
 -the police power of the state to enact
such laws and regulation in relation to persons and
property as may promote public health, public
morals, public safety and general welfare and
convenience of the people
 Power of eminent domain-is the
superior dominion of the
sovereign power over all
properties within the state which
authorized it or appropriate all
any parts thereof to a necessary
public use upon payment of just
compensation
 Private Property may be:
1. Realty-a landed property including the natural
resources i9nherent and the man-made improvement
2. Franchise-authorization granted by a manufacturer
to a distributor or dealer
3. Copyright-The exclusive right granted by law to
publish, sell, distribute literary or artistic work
4. Patent-a grant made by government to an inventor
assuring him the sole right to make, use or sell his
inventions over a period of time
5. Contracts-an enforceable agreement
6. Personal Property-Properties owned by a single
person
 What constitute taking of private property?
There is taking of property under the power of
eminent domain when:
1. The owner is actually deprived or dispossessed of
his property
2. There is practical destruction or a matter of
impairment of the value of the property
3. he is deprived of the ordinary use of his property
4. he is deprived of the jurisdiction, supervision and
content of his property
What is just compensation?
 Just Compensation-means the value of the property in
terms of money to be paid for the taking
 -the fair and full equivalent value for the loss sustained
by the owner of the property to which must be added
consequential damages, if any minus consequential
benefits
 Just compensation is equal to the fair market value plus
the consequential damages minus consequential
benefits
 Fair Market Value-the price that might be fully
agreed upon in the open market between a seller who is
under compulsion and to a seller or buyer who is not
under compulsion to buy
 Consequential damages-are the losses sustained by the
owner in addition to the fair market value of the property
as the result of taking
 Consequential benefits –refers to the gain that accrues in
favor of the owner as a consequences of the taking of his
property
 Obligation of contracts-means the respective undertaking
mutually agreed upon by the parties there to for
compliance under it terms and conditions within
permissible limits
 -the term and condition of the parties as embodied in their
agreement will be considered as the laws between which
the state may not interfere except when such terms and
conditions are contrary to law, moral, good customs,
public order and public policy
What constitute impairment of
contracts?
 A law that changes the terms of
conditions of a contract especially
contemplated by the parties or its legal
construction or its validity, including its
discharges as well as the remedy for its
enforcement constitutes impairment of
contracts
 The following agencies were created to extend
legal assistance to indigents:
1. BALA-Bureau of Agrarian Legal Assistance under
the Ministry of Agrarian Reform which extends
legal assistance to farmers before the courts
2. FALO-Free Legal Assistance Office under the
Ministry of Labor and Employment which extends
legal assistance to the workers and employees
before the national labor Relation and the
administration of the ministry
3. PANAMIN-Presidential Assistance on Cultural
Minorities Under the office of the President which
gives legal assistance to cultural minorities
4. DND-Department of National Defense
5. INP-Integrated National Police extends
assistance to any policeman facing charges
before the fiscal and the court in connection with
the performance of their duty, through lawyers
authorized by the respective agencies
6. FIDA-Legal Aid Office of the Federation
international de Abogadas
7. IBP-Legal Aid Office of different chapters of the
Integrated Bar of the Philippines
8. CLAO-Citizens Legal Assistance under the
Ministry of justice
 Constitutional Rights of the accused in
Criminal Cases
1. The right to due process of law
2. The right to be informed the nature and cause
accusation against him
3. The right to adequate legal assistance
4. The right when under investigation for the
commission of an offense, to be informed his
right to remain silence and to have counsel
5. The right to presumption of innocence
6. The right to be heard by himself and counsel
7. The right against self-incrimination
8. The right against the use of fortune, force,
violence, threat, intimidation or another means
which vitiate the free will
9. The right against being held in secret,
incommunicado or similar forms of solitary
detention
10. The right to bail and against excessive bails
11. The right against excessive fines
12. The right speedy, impartial and public trial
13. The right to meet the witness face to face
14. The right to have compulsory process to secure
attendance of witness and the production of
evidence in his self
15. The right against detention by reason of political
beliefs and aspirations
16. The right against cruel, degrading or inhuman
punishment
17. The right against infliction of the death penalty
except for heinous crimes
18. The right against double jeopardy
 Arraignment-is the process whereby the accused is
informed of the nature and the accusation against him
 Confession in open Court-the accused admits his
crimes right at the time of trials
 The Miranda Doctrine-all the constitutional
safeguards against violation of the rights of a person
charged for a crime and who is under investigation
may be summed up under the so called Miranda
Doctrine
 Torture-the infliction of severe pain as a means of
punishment or coercion
 Force-to compel an accused to perform an action
 Violence-the exertion of physical force
 Threat-an expression of an intention or inflicts
pain, injury or evil
 Intimidation-to discourage or inhibit by or as by
threats
 Incommunicado-without the right to communicate
to others
 What is bail?-bail is the security given for the
release of the person in custody of the law,
furnished by him or by bondsman, conditioned
upon the appearance of the accused before the
court.
-It may be given in the inform of corporate surety,
property bond, cash deposit or recognizance
 Recognizance-is an obligation of records, entered
into before some court or magistrate authorized by
law to take, with the condition to do some particular
act, the most usual conditions in criminal cases, being
the appearance of the accused during the trials
 Speedy Trial-the right to speedy trials means that all
possible legal steps both on part of the prosecution
and of the defense, be taken to start and terminate the
trials with the least possible necessary delay. As the
saying goes”Justiced Delayed is justice denied”
 The right to compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf
 SubpoenaTestifacandum-is a writ or written
command, issued by a judge or court directing
the individual to who to addressed to appear at
specific time and place usually to give testimony
in the court, under the penalty of disobedience
 Subpoena Duces Tecum-is a subpoena issued by
the court at the request of the government or one
of the parties of a lawsuit, commanding a witness
who controls or possess a documents pertinent to
the controversy, to bring the document to the trial
 Trial in absentia-trial may be proceed
to withstanding the absence of the
accused provided three conditions
concur:
1. He has been arraigned
2. He has been duly notified of the trial
3. His failure to appear is unjustifiable
 What is Writ of Habeas Corpus?
Habeas Corpus-literally means “bring the body to
the court”
 Writ of Habeas Corpus-is an ordered issued by
the court of competent jurisdiction, directed to
the person detaining another, commanding him to
produce the body of the prisoner at the
designated time and place to show sufficient
cause for holding in custody the individual to
detain
 Suspension of the Privilege of the Writ
The privilege of the writ of habeas corpus may be
suspended by the President in case only of invasion
or rebellion when public safety required it
 Invasion-means the incursions of the armed forces
of one state upon the territory of another for the
purpose of consequent or plunder
 Rebellion-is a mass movement of men who rise
publicity and take arms against the government for
the purpose of withdrawing from the allegiance to
the government or obedience to the law depriving
the authorities of any of their powers and
prerogative
 Involuntary Servitude-denotes a condition of
enforced, compulsory service of one to another
a. Slavery-the state of entire subjection of one
person to the will of another
b. Peonage-the voluntary submission of a person to
the will of another because of debt
 Exceptions:
1. When the involuntary servitude is imposed as a
punishment for a crime
2. When personal military or civil service is
required for the defense of the state
3. to injunction requiring striking laborers to return
to work pending settlement of an industrial
dispute
4. The exercise of parent’s authority to require their
children to perform reasonable amount of work
5. When there is a proper exercise of the police
power of the state
 Article 274 Revised Penal Code
Services rendered under compulsion in payment of debt
 Penalty-aresto mayor- (one month and one day to 6 months)
 Offense-is an act of omission committed by means of fault and is
punishable by law
 Capital Offense- it is an offense which under the law existing at
the time of its commission, and at the time of the appreciation to
be admitted to bail, may be punished by death.
 Heinous Crimes-crimes which are grossly wicked, reprehensible
or blamable
-crimes being grievous, odious and hateful offenses and which by
reason of their inherent of manifest wickedness, viciousness,
atrocity and fewersity are repugnant and outrageous to the
common standards and norms of decency and morality in a just
and ordered society.
(Reversed Penal Code 1994 Supplement)
 Crimes Punishable by death penalty (Heinous Crimes)
1. Treason- a citizen who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort
2. Qualified piracy
3. Qualified Bribery
4. Parricide- any person who shall kill his father, mother or child within
legitimate or illegitimate or any of his ascendants or descendants or his
spouse.
5. Murder
› By treachery
› In consideration of a price, reward or promise
› By means of inundation, fire, explosion, ship wreck, assault
› With evident premidelation
› With cruelty and inhumanly augmenting suffering of victim or outraging or scoffing
at his perm or corpse
› Kidnapping for ransom or with rape
› Distinctive arson
› Rape with homicide
› Drug trafficking
 Reclusion Perpetua- the penalty of reclusion
perpetua shall be from 20 years and one day to
forty years
 Felonies- acts and omission punishable by law
 Consumated felony- when all elements
necessary for its execution and accomplishments
are present.
 Frustrated- when the offender performs all the
acts of execution which would produce the
felony as a consequence but which nevertheless
do not produce it by reason of causes
independent of the will of the perpetrator.
 Attempted- when the offender commences the commission of
a felony directly or overt acts, and does not perform all the acts
of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous
desistance.
 Debt- is any liability to pay money growing out of any
contract, express or implied.
 Kinds of Quasi-contracts
1. Negotitium Gestio- when a person voluntarily assumes the
affairs of another person without previous agreement between
them and thereafter rights and obligations are created between
them.
2. Solutio Indebiti- happens when money or property is
delivered by mistake but received in good faith, thereafter
upon realizing that the delivery was a mistake, that thing must
be returned to the lawful owner.
 Acting in Good Faith- the person is totally innocent of
the mistake he committed.
 Acting in Bad Faith- the person already knows that what
he is going to do is wrong.
 Delicts- acts or omissions punishable by law after an
accused is found guilty of committing a crime, he is
obliged to pay the damaged created on the part of the
victim.
 Actual damage- total expenses brought about by the
recovery
 Compensatory damage- the time and the money he
should have earned if he didn’t meet the accident.
 Moral damage- the gains, shame, the sleepless nights,
the humiliation
 Quasi-delicts- also called torts, it is act
punishable by law committed out of negligence
and causing damage to another person and
therefore he is obliged to pay for the damage.
 Double Jeopardy- a second prosecution after the
prior trial for the same offense.
-the danger to which an accused is exposed to
being prosecuted a second time before a
competent court.
 Supervening Event- means a subsequent
occurrence that takes place after the commission
of the act which changes the character of the
offense originally commited.
 Ex-Post Facto Law- a law which operates retrospectively
1. Makes an act done before the passage of a law
2. Aggravates a crime or makes it greater than when it was
committed
3. Changes the punishment and inflicts a greater punishment
than what the law annexed to the crime, when committed
4. Alters the legal rules of evidence and receive less testimony
than the different testimony from what the law required at
the time of the commission of the offense in order to convict
the offender.
 Bill of Attainder- is a legislative act which inflicts
punishment without a judicial trial.
 Bill of Pains and Penalties- if the punishment is less than
death

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