Handout on the Bill of Rights

General Classification of Rights

1. Divine Right
2. Statutory Rights
3. Constitutional Rights
a. Human Rights are the totality of rights possessed by every individual as human
being.
b. Political Rights are granted by law to members of community in relation to their
direct or indirect participation in the establishment or administration of
government.
c. Civil Rights are the rights which municipal law will enforce at the instance of
private individuals for the purpose of securing them the enjoyment of their means
of happiness. (the rights to acquire and enjoy property.)
d. Social and Economic Rights are the rights that promote the well being of a
person. (Right to association and right to a living wage.)
Purpose of the Bill of rights
To limit the exercise of the government of its inherent powers

Right to Due process of Law

Right to Life includes the right of an individual to his body in its completeness, free
from dismemberment and extends to the use of God-given faculties which make life
enjoyable.
Right to Liberty includes the right to exist; right to be free from arbitrary personal
restraint and servitude; and the right to use faculties in lawful ways.
Right to Property is anything that can come under the rights of ownership and be the
subject of contract. It represents more than the things a person owns; it includes the right
to secure, use and dispose of them.

Due Process of Law means process within and according to law. It is a process which hears
before it condemns, which proceeds upon inquiry and renders judgment only after trial.

Aspects of Due Process

1. Substantive
2. Procedural
a. Notice
b. Trial

Equal Protection Clause

provides for a more specific guaranty against any form of undue favoritism or hostility from
the government.
all persons or things similarly situated must be similarly treated both as to rights conferred
and responsibilities imposed.

Right against unreasonable searches and seizures

scope: protects all persons including aliens and to a limited extent, artificial persons.
Search warrant
Requisites:
1. there must be probable cause
2. determination of probable cause is done personally by a judge

3. determination will be done only after examination under oath or affirmation of the
complainant and the witnesses he may produce.
4. there is particularity of description of the place to be search and persons or things to
be seized.
General rule: a valid search can only be made with a valid search warrant.
Exceptions:
1. when the right has been voluntarily waived.
2. incident to lawful arrest
3. searches of vessel and aircraft for violation of fishery, immigration and customs laws.
4. Search of automobiles at boarders for violation of immigration or smuggling laws.
5. inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations.
6. plain view
7. conduct of areal target zoning and saturation drive in the exercise of military
powers of the president
8. stop and frisk
9. personal knowledge
A search warrant is considered void after ten days from its date
The execution of a search warrant shall be made only in the presence of its lawful occupant or
any member of his family. In the absence of the latter, there has t be at least two witnesses of
sufficient age and discretion residing in the same locality.
The warrant officer must issue a receipt of the property seized
The warrant officer must deliver the seized property to the court which issued the warrant and
make a true inventory verified under oath.
Exclusionary Rule- Evidence obtained in violation of section 2 shall be inadmissible for any
purpose in any proceeding (Fruit of the Poisonous Tree Doctrine)

Warrant of Arrest
o Requisites:
Judge must have examined under oath and in writing the complainant and his
witnesses.
be satisfied that there is probable cause
There is a need to place the respondent under immediate custody in order not
to frustrate the ends of justice.

General Rule: there can be no valid arrest without a valid warrant of arrest.
Exceptions:
1. when person to be arrested has committed, is actually committing, or is attempting to
commit an offense
2. When an offense has been committed and arresting officer has personal knowledge of
the facts indicating that the person to be arrested has committed it.
3. when person to be arrested is an escapee
4. When right has been voluntarily waived such as posting of bail bond.
The warrant of arrest issued by the court shall be executed by the warrant officer within a
period of ten days from receipt of the process. After the expiration of the 10-day period, the
warrant officer shall return the warrant to the issuing judge with an explanation whether or not
warrant was served and the manner of its service.
An arrest may be made at any day and at any time

Right to Privacy of Communication and Correspondence

is inviolable except:
1. upon lawful order of the court

2. when public order or safety requires

It includes tangible and intangible objects
Anti-wire Tapping Act

Freedom of Expression

speech
expression
press
peaceful assembly
petition the government for redress of grievances

Test for valid governmental interference:

1. Clear and Present Danger Rule
when words are used in such circumstance and of such nature as to create a clear and
present danger that will bring about substantive evil that the state has the right to prevent.
2. Dangerous Tendency Rule
words uttered create a dangerous tendency of an evil which the state ha the right to
prevent.
3. Balancing of interest
when particular conduct is regulated in interest of public order, and the regulation
results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to
determine which of the two conflicting interests demands a greater protection under the
particular circumstances presented.
BP blg 880 Public Assembly Act of 1985 provides that a permit to hold a public assembly
shall not be necessary where the meeting is to be held in a:
1. Private place
2. In the campus of a government-owned or operated educational institution
3. In a freedom park
Limitations on Freedom of Expression
1. Obscenity
2. Protection against Seditious attacks
3. Criticisms against public officials must be against acts of public nature
4. subject to regulation of police power
5. restricted in pursuit of war activities

Freedom of Religion
1. Non-establishment clause
a. set up a church
b. pass laws which will aid one religion or prefer one over another
c. influence a person to go to or remain away from church against his will
d. force a person to profess a belief or disbelief in any religion
2. Freedom of religious belief and worship
a. freedom to believe
b. freedom to act on ones belief
No religious test for exercise of rights whether political or civil

Liberty of travel and abode

liberty of travel and abode and changing the same except

o lawful order of the court
o national security
o public safety
o public health

Right to Information
1. Right to information to matters of public concern
Public concern embraces subjects which the public may want to know, either because
these directly affect their lives or simply because such matters arouse the interest of an
ordinary citizen
2. Corollary right of access to official records and documents
a. subject to limitations as may be provided by law
b. political rights available to citizens only
Exceptions
1. personal information about public figures
except statements of assets and liabilities
2. military and police operations
3. confidential matters involving national security

Right to Form Associations

All employees can form unions, associations or societies for purposes not contrary to law.
The right to form association cannot be impaired without due process of law.
This also guarantees the right to join an association.
Members of the civil service cannot declare a strike to enforce economic demands, since
the terms and conditions of their employment are governed by law.
There is no violation of this right when political parties are prohibited from participating
in Barangay elections for the purpose of ensuring the non-partisanship of candidates
RA 3350 recognizes the right of workers to disassociate from or not join a union despite a
closed shop agreement, if they are members of any religious sect which prohibits
affiliation of their members in any such labor organization
This right is not violated as regards prohibition on managerial employees to join, assist or
form a labor union because top or middle managers are executives who receive from their
employers information that is not only confidential but also not generally available to the
public, or to their competitors or to other employees.
The compulsory membership of all lawyers to the IBP does not violate the constitutional
guarantee.

Non-impairment clause (Obligation of Contracts)

Laws should not impair obligation of contracts

Impairment means anything that diminishes the efficacy of contract
Limitations:
o Police power prevails over contracts for the reason that public welfare is superior
to private rights
o Eminent domain may impair obligation of contracts
o Taxation cannot impair obligation of contracts

Free Access to Courts and other Tribunals

Adequate free legal assistance

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o PAO
o Fiscal
o Counsel de-officio
Quasi-judicial body is a specialized board or tribunal which exercises discretion of a
judicial nature, or the power to hear and decide cases

Miranda Rights

Exist only in custodial investigation

Custodial investigation is any questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of action in any
significant way.
Rights guaranteed:
o Remain silent
o Competent and independent counsel preferably of his own choice
o Right to be provided with counsel if person cannot afford
o To be informed of such rights
o No force or torture
o No secret detention places
o Confessions/admissions obtained in violation of rights are inadmissible in
evidence
These rights cannot be waived except:
o In writing
o In the presence of counsel

Right to Bail

All accused can invoke this right, except:

o When penalty is reclusion perpertua, life imprisonment or death
o The evidence of guilt is strong
Available even when the writ of habeas corpus is suspended
Should not be excessive
Standards for fixing amount of bail
o Financial ability of accused
o Nature and circumstances of offense
o Penalty for offense charged
o Character and reputation of accused
o Age and health of accused
o Weight of evidence against him
o Probability of his appearance at trial
o Forfeiture of other bonds by him
o He was a fugitive from justice when arrested
o Pendency of other cases where he is also under bail

Rights of the Accused

Due process
o Accused to be heard in court of competent jurisdiction
o Accused proceeded against under orderly processes of law
o Accused given notice and opportunity to be heard
o Judgment rendered was within authority of a constitutional law
Presumption of Innocence
o Evidence of guilt beyond reasonable doubt
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Right to be Heard by Himself and Counsel

Right to be Informed of Nature and Cause of Accusation Against Him
o Void-for-Vagueness Rule
o Arraignment
Right to Speedy, Impartial and Public Trial
o Speedy free from vexatious, capricious, and oppressive delays
o Impartial judge must not only be impartial but must look impartial
o Public to prevent possible abuses which may be committed against the
accused, except
In rape cases when victim relates what happened
Family cases
Public safety requires
Right to Meet Witnesses Face to Face
o Witnesses not submitted for cross-examination not admissible as evidence
Right to Compulsory Process to Secure Attendance of Witnesses and Production of
Evidence
o Subpoena
Duces tecum requires the submission of documents
Ad testificandum requires attendance in court to personally testify
o Trial in absentia

Writ of Habeas Corpus

Writ issued by court directed to person detaining another, commanding him to produce
the body of the prisoner at designated time and place, with the day and cause of his
capture and detention, to do, to submit to, and to receive whatever court or judge
awarding writ shall consider in his behalf.
Available when the person is restrained of his liberty without just or authorized cause
The only grounds for suspension of this privilege is in case of invasion or rebellion when
the public safety requires its suspension

Right to Speedy Disposition of Cases

Judicial
Quasi-judicial
Administrative

Right Against Self-incrimination

An accused cannot be forced to be a witness against his will

Not applicable when:
o Evidence sought to be excluded is not an incriminating statement but an object
evidence (e.g. blood testing, paraffin testing, medical checkup, etc.)
o The states right of inspection in the exercise of police or taxing power of the
books of accounts of corporations
o Subpoena duces tecum directed against government officials required to produce
documents or public records in their possession or custody

Non-detention by Reason of Political Beliefs or Aspirations

No person shall be detained by reason of his political beliefs or aspirations

Involuntary Servitude

Condition where one is compelled by force, coercion or imprisonment, and against his
will, to labor for another, whether he is paid or not
Not allowed except:
o Punishment for a crime
o Service in defense of the state
o Naval enlistment
o Return to work order
o Exercise of police power
o Parental authority

Prohibited Punishments

Mere severity does not constitute cruel or unusual punishment. To violate constitutional
guaranty, penalty must be flagrant and plainly oppressive, disproportionate to nature of
offense as to shock senses of community.

Non-imprisonment for Non-payment of Debt or Poll Tax

Debt must be acquired without deceit

Poll tax is another term for community tax, residence tax or cedula

Double Jeopardy

Requisites
o Valid complaint or information
o Filed before competent court
o To which defendant has pleaded
o Defendant was previously acquitted or convicted or case dismissed or otherwise
terminated without his expressed consent

Ex Post Facto Law and Bill of Attainder

Kinds of ex post facto law

o Law criminalizing act done before its passage
o Law aggravating penalty for crime committed before passage
o Law inflicting greater or more severe penalty
o Law altering legal rules of evidence and receives less or different testimony than
law required at time of commission, in order to convict accused
o Law assuming to regulate civil rights and remedies only, in effect imposes a
penalty of deprivation of right for something which when done was lawful
o Law depriving accused of some lawful protection to which he had been entitled,
such a protection of a former conviction or acquittal, or of a proclamation of
amnesty

Characteristics of ex post facto law

o It refers to criminal matters
o It is retroactive in application
o It works to the prejudice of the accused

Bill of Attainder
o Legislative act that inflicts punishment without trial