CONCEPT OF A BILL OF RIGHTS

 A bill of rights may be defined as a declaration and enumeration of

a person’s rights and privileges which the Constitution is designed
to protect against violations 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.

 Its basis is the social importance accorded to the individual in

the democratic or republican state, the belief that every human
being has intrinsic dignity and worth which must be respected
and safeguarded
CLASSES OF RIGHTS
The rights that a citizen of a democratic state enjoys may be classified into:

1. Natural rights

They are those rights possessed by every citizen without being granted by the State for they are
given to man by God as a human being created to His image so that he may live a happy life. Ex.
Right to life and right to love

2. Constitutional rights

They are 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

3. Statutory rights

They are those rights which are provided by laws promulgated by the law –making body and,
consequently, may be abolished by the same body. Ex. right to receive minimum wage and right
to inherit property.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
The rights secured by the Constitution may be classified as follows:
1. Political rights- They are such rights of the citizens which give
them the power to participate, directly or indirectly, in the
establishment or administration of the government. Ex. right of
citizenship, right of suffrage and the right to information on
matters of public concern.
2. Civil rights- They are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them
the enjoyment of their means of happiness. Ex. rights against
involuntary servitude, liberty of abode, freedom of speech, of
expression or of the press.
3. Social and economic right- They include those right s which are
intended to insure the well-being and economic security of the
individual. Ex. right to property, right to just compensation for
private property taken for public use.
4. Rights of the accused- They are the (civil) rights intended for
the protection of a person accused of any crime, like the right
to presumption of innocence, right to a speedy , impartial, and
public trial , and the right against cruel , degrading, or
inhuman punishment .
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.

What is due process?

 Due process of law is a constitutional guarantee against hasty and unsupported

deprivation of some person’s life, liberty, or property by the government.
 The state can deprive its citizens of their life, liberty, or property, it must do so in
observance of due process of law.
 This right is “the embodiment of the supporting idea of fair play”
 “a law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial.”
ASPECTS OF DUE PROCESS OF LAW.

Procedural due process

 essentially, the opportunity to be heard in which every citizen is
given the chance to defend himself or explain his side through
the protection of general rules of procedure
 It contemplates notice and opportunity to be heard before
judgment is rendered.
Substantial due process
 the law itself is valid, fair, reasonable, and just.
 it must have a valid objective which is pursued in a lawful
manner.
PROCEDURAL DUE PROCESS.
1. In judicial proceedings
For the most part, procedural due process has its application in
judicial proceedings, civil or criminal. It requires:
a. An impartial court clothed by law with authority to hear and
determine the matter before it;
b. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of the
proceeding;
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after the lawful hearing.
2. In administrative proceedings- Due process, however, is not
always judicial process. In certain proceedings of an
administrative character, notice and hearing may be dispensed
with, where because of public need or for practical reasons,
the same is not feasible. Thus, an offender may be arrested
pending the filing of charges, or an officer or employee may be
suspended pending an investigation for violation of civil
service rules and regulation.
Meaning of life- Life, as protected by due process of law, means
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- Liberty, as protected by due process of law,
denotes not merely freedom from physical restraint e.g.
imprisonment. It also embraces the right of man to use his
faculties with which he has been endowed by his Creator
subject only to the limitation that he does not violate the law
or the rights of others.
Meaning of property- Property, as protected by due process of
law, may refer to the thing itself or to the right over a thing. It
includes the right to own, use, transmit and even to destroy,
subject to the right of the State and of other persons.
MEANING OF EQUAL PROTECTION OF THE LAWS.

Equal protection of the laws signifies that “all persons subject

to legislation should be treated alike, under like circumstance
and conditions both in the privileges conferred and liabilities
imposed.”

What it prohibits is class legislation, which discriminates

against some and favors others when both are similarly
situated or circumstanced.
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 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 WITNESSES HE MAY
PRODUCE, AND PARTICULARLY DESCRIBING THE PLACE
TO BE SEARCHED AND THE PERSONS OR THINGS TO BE
SEIZED.
 MEANING OF SEARCH WARRANT AND WARRANT OF ARREST

(1) A search warrant is 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
certain personal property and bring it before the court.
(2) If the command is to arrest a person designated, i.e., to
take him into custody in order that he may bound to answer
for the commission of an offense, the written order is called
warrant of arrest.
SCOPE OF THE PROTECTION.
(1) Persons. The protection applies to everybody, to citizens as
well as aliens in the Philippines, whether accused of crime or
not. Corporations are also entitled to the protection.
(2) Houses. The protection is not limited to dwelling houses but
extends to a garage, warehouse, shop, store, office , and
even a safety deposit vault. It does not extend, however, to
the open spaces and fields belonging to one.
(3) Papers and effect. They include sealed letters and packages
in the mail which may be opened and examined only in
pursuance of a valid search warrant.
WHAT CONSTITUTES A REASONABLE OR UNREASONABLE SEARCH
OR SEIZURE IN ANY PARTICULAR CASE IS A PURELY JUDICIAL
QUESTION (I.E., ONLY COURTS ARE EMPOWERED TO RULE
UPON), DETERMINABLE FROM A CONSIDERATION OF THE
CIRCUMSRTANCES INVOLVED.
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT OF ARREST
They are:
(1) It must be 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; and
(4) The warrant must particularly describe the place to be
searched, and the persons or things to be seized
The law prohibits the issuance of a search warrant for more
than one specific offense.
MEANING OF PROBABLE CAUSE.

❖ Such facts and circumstances antecedent to the issuance

of a warrant sufficient in themselves to induce a cautious
man to rely upon them and act in pursuance thereof.

❖ It presupposes the introduction of competent proof that

the party against whom a warrant is sought to be issued
has performed particular acts, or committed specific
omissions, violating a given provision of our criminal
laws.
WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

In the following instances:

(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 by ship automobile, or other vehicle, where the
officer making it has reasonable cause for believing that the
latter contains them, in view of the difficulty attendant to
securing a search warrant,
(4) Where, without a search, 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 such as inspection of restaurants
by health officers, of factories by labor inspectors, etc. The
same thing may be said of inspection of books of accounts by
revenue examiners, and
(6) Routinary searches usually made at the border or at ports of
entry in the interest of national security and for the proper
enforcement of customs and immigration laws.
 WHEN ARREST MAY BE MADE WITHOUT WARRANT.
A peace officer or private person may, without a warrant,
arrest a person:
(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 he
has personal knowledge of facts indicating that the person
to be arrested has committed it ; and
(3) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.
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 RERQUIRES
OTHERWISE AS PRESCRIBED BY LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS
OR THE PRECEDING SECTION SHALL BE
INADMISSIBLE FOR ANY PURPOSE IN ANY
PROCEEDING.
Privacy of Communication and Correspondence
Meaning of Privacy: The Right to be Left Alone
Purpose of the Right:
1. Right existing in the state of nature
2. Right designed to secure enjoyment of one’s private
life.
Relationship with Right Against Unreasonable
Searches and Seizures:
1. Aspect of right to be secure in one’s person
2. Privacy of communication and correspondence
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
Privacy of Communication and Correspondence
Evidence Illegally Obtained
1. Inadmissible – any evidence obtained in violation
of the right against 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
 Privacy of Communication and Correspondence
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.
Purpose of theWrit: to secure the privacy of an individual by way
of regulating the processing of personal information or data about
him.
How The 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 of 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 someone’s
character, reputation, or business
Scope of Freedom of Expression: the rights of
assembly and petition, the right to form association or
societies not contrary to the law, and the right to
religious freedom
Sec.4 No law shall be passed abridging the freedom of speech, of
expression, or of the press, or of the right of the people
peaceably to assemble and petition the government for redress
of grievances
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
3. Importance of the Guarantee:
a. Promotes growth of the individual and the nation
b. Makes possible scrutiny of acts and conduct of
public officials
c. Insures a responsive and popular government
Sec.4 No law shall be passed abridging the freedom of speech, of
expression, or of the press, or of the right of the people
peaceably to assemble and petition the government for redress
of grievances
Freedom of expression Not Absolute:
1. Subject to regulation by the State
2. Subject one to liability when abused.
Meaning of Right of Assemble 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
grievance.
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 .
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
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 except 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.
Limitation 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 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 review
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 the right.
3. Constitutionally or validity of implementing the law.
Scope of the Right:
a. The right embraces all public records.
b. 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
c. Its exercise is subject to such limitations as may be
provided by law
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:

It 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.
Purpose of the 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 ever-increasing public service activities.
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.

Purpose of the Guarantee:

2. By enabling individuals to unite in the performance of
tasks, which singly they would be unable to accompliash,
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:

Totality of government power: It is contained in three
(3) great powers, namely:

a. Power of eminent domain,

b. Police power, and
c. Power of taxation.
Sec 9. Private Property shall not be taken for public use without just
compensation.

Meaning of Eminent Domain:

It 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
Sec 9. Private Property shall not be taken for public use without just
compensation.

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 may promote public health, public morals,
public safety, and the general welfare and convenience of
the people
Sec 9. Private Property shall not be taken for public use without
just compensation.
Meaning of Taxation:
It is the power of the state to impose change or burden upon
persons, 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 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.
Sec 9. Private Property shall not be taken for public use without
just compensation.
Meaning of Taxation:
It is the power of the state to impose change or burden upon
persons, 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 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.
Sec 9. Private Property shall not be taken for public use without
just compensation.

Basis of Police Power:

Based on two (2) Latin maxims, “salus populi suprema
est lex” (the welfare of the people is the supreme law),
and “sic utere tuo ut alienum non lae das” (so use your
own as not to injure another’s property)
Police Power Laws:
a. Public health
b. Public morals
c. Public safety
d. Public welfare and convenience
Sec10. No law impairing the obligation of contract shall be
passed.

Meaning of Obligation of A Contract:

It 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.
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.
Sec10. No law impairing the obligation of contract shall be
passed.

Purpose of non-impairment 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 to 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 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
Sec. 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

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 causes of the
accusation against him
10. The right to have a speed, impartial, and public trial.
11. The right 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
Sec. 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

15. The right against excessive fines
16. The right against infliction of the death penalty except for
heinous crimes; and
17. The right against double jeopardy
Sec. 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

Reasons for the constitutional safeguards:

1. A criminal case, is an unequal contest
2. Criminal accusation is a very serious matter
3. Protection of the innocent is the underlying purpose
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, 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.
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

Meaning of Bail:
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.
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

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 of the application to be admitted to bail, may be
punished with reclusion perpetua, life imprisonment, or
death.
Sec. 13 (1) No person shall be held to answer for a criminal offense without
due process of law.

Sec. 13 (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. 14-17 The Rights of the Accused

Criminal Due Process

 Constitutional Provision. Section 14(1), Article III provides that
“no person shall be held to answer for a criminal offense
without due process of law.”
 The provision refers to due process in criminal cases.
 As to its procedural aspect, criminal due process requires that:
(a) The accused is brought into a court of competent jurisdiction;
(b) He is notified of the case; (c) He is given the opportunity to be
heard; and (d) There is a valid judgment deliberated and rendered
by the court.
 As to its substantive aspect, the criminal cases must be based
on a penal law.
Sec. 14-17 The Rights of the Accused

Rights of the Accused during Trial

 Constitutional Provision. Section 14(2), Article III enumerates
rights of the accused in all criminal prosecutions, to wit:
(a) Right to be presumed innocent until the contrary is proved;
(b) Right to be heard by himself and counsel;
(c) Right to be informed of the nature and cause of the accusation
against him;
(d) Right to have a speedy, impartial, and public trial;
(e) Right to meet the witnesses face to face; and
(f) Right to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
Sec. 14-17 The Rights of the Accused

Right to be Presumed Innocent

 Meaning. The right refers to the constitutional guarantee that
the accused should be treated as if innocent until he is proven
guilty beyond reasonable doubt.
 Presumption of Innocence and Criminal Due Process. Basically,
the rights in Section 14(2) are elaborations of criminal due
process. The right to presumption of innocence, for instance, is
based on the fundamental procedural rule that the court must
hear first before it condemns. If what the court presumes is the
guilt of the accused, then procedural due process is violated
Sec. 14-17 The Rights of the Accused

Right to be Heard by Himself and Counsel

 Right to be Heard. The right to be heard is the heart of criminal
due process. Basically, it refers to all the mechanisms afforded
to the accused during the criminal proceedings. It is a
safeguard against prejudicial and partial judgments by the
courts, as well as a guarantee that the accused be given an
opportunity to participate during trial in defense of himself.
 Related Rights. Participation of the accused in the right to be
heard includes three specific rights: (a) the right to present
evidence and to be present at the trial; (b) the right to be
assisted by counsel; and (c) the right to compulsory process to
compel the attendance of witnesses in his behalf.
Sec. 14-17 The Rights of the Accused

Right to be Informed of Nature and Cause of Accusation

 Right to be informed is again an essential aspect of procedural
due process. The constitutional mandate is complied with by
the arraignment of the accused in which he is informed by the
court of the offense charged to which the accused either
pleads guilty of not guilty.
 Well-settled is the rule that the allegations in the complaint and
not the title of the case that determines the nature of the offense.
Sec. 14-17 The Rights of the Accused

Right to Speedy, Impartial and Public Trial

Right to speedy trial is based on the maxim that “justice delayed
is justice denied.” Unreasonable delays may result to a prolonged
suffering of an innocent accused or an evasion of justice by a truly
guilty person. It offends not just the accused but also the State,
inasmuch as what is at stake is the speedy, inexpensive, and
orderly administration of justice. Undue postponements not only
depletes the funds of the defense but also of prosecution.
Sec. 14-17 The Rights of the Accused

Right to Meet the Witnesses Face-to-Face

 The right to confrontation enables the accused to test the
credibility of the witnesses. The right is reinforced under the rules
of criminal procedure by the so-called cross-examination. Cross-
examination is conducted after the presentation and direct
examination of witnesses by the opposing side. Both parties are
allowed to test the veracity of the testimonies presented by the
other.
Sec. 14-17 The Rights of the Accused

Right to Compulsory Process

 Reason for the Right. The form of criminal proceeding is
adversarial because two opposing parties battle out against each
other and only one of them could emerge as victor.
 It is often the case that the party with the weightier evidence
wins. In criminal proceedings, the accused needs only to create
reasonable doubt on the mind of the court to be acquitted.
 the law and the rules give the accused the right to avail of
compulsory means for attendance of witnesses and production of
needed document or things.
Sec. 14-17 The Rights of the Accused

Right to be Present
 Meaning and Purpose of the Right. As a rule, the accused has
the right to be present at all stages of trial, from arraignment to
rendition of judgment, in order that he may be informed of what
transpires in every stage of the proceedings, to guard himself
from technical blunders, and ultimately, to fully defend himself
from the accusation against him. Thus, it is again an incident of
criminal due process.
Sec. 14-17 The Rights of the Accused

PRIVILEGE OF THE WRIT OF HABEAS CORPUS

 Constitutional Provision. Section 15, Article III states that “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.”
 This is a reiteration of Section 18, Article VII. What is
constitutionally guaranteed is the right of a person detained by
another to test or challenge, through habeas corpus, the validity
of his detention when the authority of the detaining person or
agency is at issue.
Sec. 14-17 The Rights of the Accused

PRIVILEGE OF THE WRIT OF HABEAS CORPUS

 The writ of habeas corpus is a written order issued by the court
directed to a person detaining another commanding him to
produce the body of the prisoner at a 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 the
writ shall consider in his behalf.

 When a person is illegally confined or detained, or when his

liberty is illegally restrained, he has the constitutional right to file
a petition of habeas corpus. Should the court find out that the
person is illegally confined or detained, he shall be immediately
released from detention.
Sec. 14-17 The Rights of the Accused

RIGHT TO SPEEDY DISPOSITION OF CASES

 Section 16, Article III states that “all persons shall have the right
to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.”
 Unlike the right to speedy trial which applies only in criminal
proceedings, the right to speedy disposition of cases may be
invoked in all cases, whether judicial, quasi-judicial, or
administrative. Thus, right to speedy disposition of cases is
broader than right to speedy trial.
Sec. 14-17 The Rights of the Accused

RIGHT TO SPEEDY DISPOSITION OF CASES

 Section 16, Article III states that “all persons shall have the right
to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.”
 Unlike the right to speedy trial which applies only in criminal
proceedings, the right to speedy disposition of cases may be
invoked in all cases, whether judicial, quasi-judicial, or
administrative. Thus, right to speedy disposition of cases is
broader than right to speedy trial.
Sec. 18

RIGHT AGAINST INVOLUNTARY SERVITUDE

 Constitutional Provision. Section 18, Article III provides that no
person should be detained solely by reason of his political beliefs
and aspirations, nor should involuntary servitude in any form
exist, except as a punishment for a crime.
 The first part of the provision deals with the right not to be
detained by reason solely of political beliefs and aspirations.
 This is essentially embodied in the freedom of expression but
with emphasis on the prohibition against incarceration of
“political prisoners.”
Sec. 18

RIGHT AGAINST INVOLUNTARY SERVITUDE

 The second part deals with the right against involuntary
servitude. Involuntary servitude refers to the compulsory service
of another or simply modern day slavery.
 The right is based on the egalitarian principle of democracy
which prescribes equality of everyone in law, and on humanity
which prevents degradation of human dignity through enforced
labor.
Sec. 19

RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS

Meaning of Excessive Fine and Cruelty
 Constitutional Provision. Section 19(1), Article III states that
“excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted…”
 A fine is excessive when it is unreasonable and beyond the
limits prescribed by law.
 The amount of the fine is said to be unreasonable if the court
does not take into consideration certain standards, such as the
nature of the offense, and the circumstances of the person
punished by fine.
 The imposed fine may never go beyond the statutory
prescription, otherwise it is unlawfully excessive.
Sec. 19

RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS

Meaning of Excessive Fine and Cruelty
 A punishment is cruel when it is shocking to the conscience of
mankind and it involves prolonged suffering and agony to the
person punished.
 For a penalty to violate the constitutional guarantee, it must be
so flagrant and oppressive so as to be degrading to human
dignity, and it must be unreasonably disproportionate to the
nature of the offense as to shock the senses of the community
 Death Penalty
 Constitutional Provision. Section 19(2) also states that “…
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 present provision abolishes
Sec. 19

RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS

Meaning of Excessive Fine and Cruelty
Death Penalty
 Constitutional Provision. Section 19(2) also states that “…
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 present provision abolishes death penalty, although with a
reservation that the Congress can subsequently pass a law
imposing it for compelling reasons involving heinous crimes.
Sec. 20

RIGHT AGAINST IMPRISONMENT FOR DEBT

 Constitutional Provision. Section 20, Article III provides that “no
person shall be imprisoned for debt or non-payment of a poll
tax.”
 A debt, as covered by the constitutional guarantee, refers to a
contractual obligation by a debtor to pay money to the creditor.
 If by reason of poverty or lack of money a person cannot pay
his debt, he cannot be imprisoned by reason thereof.
Sec. 20

RIGHT AGAINST IMPRISONMENT FOR DEBT

 The creditor only has himself to blame if he voluntarily agreed
to lend money to someone who apparently cannot pay or whom
he thought could pay but did not.
 Nevertheless, although the debtor cannot be imprisoned, his
property may be taken or attached by the court, and then sold at
public auction in payment of his debt to the creditor.
Sec. 21

RIGHT AGAINST DOUBLE JEOPARDY

Meaning of Double Jeopardy
 Constitutional Provision. Section 21, Article III states that “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.”
 This is more famously known as the right against double
jeopardy.
Sec. 21

 Double jeopardy means that a person is twice put at the risk of

conviction for the same act or offense.
 The right against double jeopardy therefore means that a
person can only be indicted or charge once by a competent
court for an offense.
 When a person, for instance, has been charged of homicide
and the court acquitted him of the case, he can no longer be
prosecuted for the same offense or act.
 He can now invoke his right against double jeopardy.
Sec. 22

RIGHT AGAINST EX POST FACTO LAW AND BILL OF ATTAINDER

Meaning of Ex Post Facto Law
 Constitutional Provision. Section 22, Article III provides that “no
ex post facto law or bill of attainder shall be enacted.”
 An ex post facto law is one which:
 (a) Makes criminal an act done before the passage of the law
which was innocent when done, and punishes such an act;
 (b) Aggravates a crime, or makes it greater than it was, when
committed;
 (c) Changes the punishment and inflicts a greater punishment
than the law annexed to the crime when committed;
Sec. 22

 (d) Alters the legal rules of evidence, and authorizes conviction

upon less or different testimony than the law required at the time
of the commission of the offense;
 (e) Assuming to regulate civil rights and remedies only, in effect
imposes penalty or deprivation of a right for something which
when done was lawful; and
 (f) 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.
Sec. 22

Meaning of Bill of Attainder

 Definition. A bill of attainder is “a legislative act which inflicts
punishment without trial. Its essence is the substitution of a
legislative for a judicial determination of guilt.”
 Two Kinds of Bill of Attainder: (a) the bill of attainder proper
which involves the legislative imposition of death penalty, and (b)
bill of pains and penalties which involves imposition of a lesser
penalty.
Sec. 22

Meaning of Bill of Attainder

 Reason for Prohibition. The prohibition against bill of attainder
is an implementation of the principle of separation of powers. The
legislature cannot bypass the judiciary by enacting a law that
punishes an act without need of judicial proceedings. The
legislative department should be confined to its law-making
function; it cannot encroach the authority of the courts by
prescribing a law that directly adjudges guilt without judicial
determination.
Thank You