Article III

BILL OF RIGHTS
 As to contents

That dealing with the framework of government and

its powers, and defining the electorate. This group of
provisions has been called the constitution of
government;
That setting forth the fundamental rights of the
people and imposing certain limitations on the
powers of the government as a means of securing the
enjoyment of these rights. This group has been
referred to as the constitution of liberty; and
That pointing out the mode of procedure for
amending or revising the constitution. This group has
been called the constitution of sovereignty.
 What is Bill of Rights?
A bill of rights may be defined as a
declaration and enumeration of a persons
rights and privileges which the Constitution is
designed to protect against violations by the
government, or by an individual or groups of
individuals. It is a charter of liberties for the
individual and a limitation upon the power of
the State.
 Classes of Rights

(1) Natural Rights They are those rights

possesses by every citizen without being
granted by the State for they are given to man
by Gods as a human being created to His
image so that he may live a happy life.
Examples are the right to life, the right to
liability, the right to property, and the 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. Examples are
the right to receive a minimum wage and 8-
hour labor law.
Classification of Constitutional
Rights
 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.
Among these rights are the right of citizenship
(Art. IV.), the right of suffrage (Art. V.), and the
right to information on matters of public
concern (Sec. 7.)
 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.

They include the rights to due process and equal

protection of the laws (Sec. 1.); the rights against
involuntary servitude (Sec. 18[2].); religious freedom
(Sec. 5.); liberty of abode and of changing the same
(Sec. 6.)
Social, economic, and cultural rights

They include those rights which are intended to insure the

well-being and economic security of the individual.

The right to property (Sec. 1.) and the right to just

compensation for private property taken for public use (Sec.
9.) belong more appropriately under this third category of
rights. They are also provided in the articles dealing with the
promotion of social justice (Art. XIII.), the conservation and
utilization of natural resources (Art. XII, Sec. 2.), and the
promotion of education (Art. XIV, Secs. 1, 2, 5[4, 5].), science
and technology (Ibid., Secs. 10-13.), and arts and culture.
(Ibid., Secs. 17, 18.)
 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, the
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.
 Aspects of Due Process of Law

(1) Procedural due process which refers to the

method or manner by which the law is
enforced. It requires a procedure which
hears before it condemns, which proceeds
upon inquiry, and renders judgment only after
trial. An indispensable requisite of this aspect
of due process is the requirement of notice
and hearing; and
(2) Substantive due process which requires
that the law itself, not merely the procedures
by which the law would be enforced, is fair,
reasonable, and just. In other words, no
person shall be deprived of his life, liberty or
property for arbitrary reasons or on flimsy
grounds.
 Persons Protected
The term person in the above constitutional
provision embraces all the persons within the
territorial jurisdiction of the Philippine, without
regard to any difference of race, color, or nationality,
including aliens.

Private corporations likewise, are persons within

the scope of the guarantee in so far as their property
is concerned. But not municipal corporations (local
government) as they are mere creature of the state.
 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. The constitutional provision,
however, has reference more to the rights
over the 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 Law

Equal protection of the laws signifies that all

persons subject to legislation should be
treated alike, under like circumstances and
conditions both in the privileges conferred
and liabilities imposed.
 Reasonable Classification
Permitted
foreign corporations are made to pay higher amount of taxes
that that paid by domestic corporations;
certain professions (e.g., Sumo wrestler) are limited to
persons of the male sex;
certain privileges for leaves and shorter hours of labor
extended to women are not extended to men;
preference is given to Filipino citizens (as against aliens) in the
lease of public market stalls;
different professions are taxed at different amounts; and
employment in factories of children under designated ages is
prohibited.
SEC. 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 complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the persons
or things to be seized.
(1) 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) Warrant of Arrest, the written order, 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.
 What is Probable Cause?
By PROBABLE CAUSE is meant 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.
refers to facts or evidence that would make a
reasonable person believe that a crime or
wrong doing has been, is being, or will be
committed.
 Scope of the Protection

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.
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 doess not extend, however, to the
open spaces and fields belonging to one.
Papers and effects. They include sealed letters and packages
in the mail which may be opened and examined only in
pursuance of a valid search warrant.
A search or seizure made without a
search warrant is not necessarily,
illegal, and one made under a search
warrant in not necessarily legal.
 Requisites for a valid search
warrant or warrant of arrest
It must be issued upon probable cause;
The probable cause must be determined
personally by the judge himself;
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
The warrant must particularly describe the
place to be searched, and the persons or
things to be seized.
 Meaning of probable cause

By probable cause is meant 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.
 Test of sufficiency affidavit

The true test of sufficiency of an affidavit to

warrant issuance of a search is whether. It had
been drawn in such manner that perjury
could be charged thereon and affiant be held
liable for damages in case his declarations are
found to be false.
 When search and seizure would
be made without warrant?
Where there is consent or waiver;
Where search is an incident to a lawful arrest;
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;
Where, without a search, the possession of articles prohibited by law is
disclosed to plain view or is open to eye and hand;
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
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
When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting
to commit an offense;
When an offense has in fact just been committed
and he has personal knowledge of facts indicating
that person to be arrested has committed it; and
When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgement or temporarily
confined while jis case is pending, or escaped while
being transferred from one confinement to another.
SEC. 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.
(2) Any Evidence obtained in violation of this
or the preceding section shall be inadmissible
for any purpose in any proceeding.
 The right of privacy is concisely defined as the
right to be left alone. It has also been defined
as the right of a person to be free from
undesired publicity, or disclosure and as the
right to live without unwarranted interference
by the public in matters with which the public
is not necessary concerned.
 The Writ of Habeas Data

The 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 the gathering,
collecting, or storing data or information
regarding the person, family, home and
correspondence of the aggrieved party.
 Writ of Amparo
The writ of habeas corpus is not to be confused
with the Writ of Amparo. Now, families of
victims of extrajudicial killing and enforced
disappearances (or any qualified person or
entity) can evoke the writ when the right to
life, liberty, or security of a person is violated
or threatened with violation by an unlawful
act or omission of a public official or employee
or of a private individual or entity.
 Permissible interference
The right is not violated when the interference is
made:

Upon lawful order of the court: or

When public safety or order requires otherwise as
prescribed by law.
Section 4. No law 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.
 Freedom of Expression implies the right to freely
utter and publish whatever one please without
previous restraint, and to be protected against any
responsibility for so doing as long as it does not
violate the law, or injure someones character,
reputation or business.

The Right of Assembly means the right on the part of

the citizens to meet peaceably for consultation in
respect to public affairs.

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 the
government for re3dress of grievances.
 Slander versus Libel
Slander involves the oral "publication" of a
defamatory remark that is heard by another, which
injures the subject's reputation or character. Slander
can occur through the use of a hand gesture or
verbal communication that is not recorded. Libel, on
the other hand, is the written "publication" of a
defamatory remark that has the tendency to injure
another's reputation or character. Libel also includes
a publication on radio, audio or video. Even though
this would be considered oral, or verbal,
communication to someone it is actually considered
to be libel because it is published in a transfixed form.
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.
 Aspect of Religious Freedom

The separation of Church and State secured in

the first sentence of the provision; and

The freedom of religious profession and

worship, in the second sentence of provision.
 Religious Test
A religious test is one demanding the avowal
or repudiation of certain religious beliefs
before the performance of any act. Thus,
under this injunction, laws prescribing the
qualification of public officials or employees,
whether appointive or elective, or of voters,
may not contain requirements of religious
beliefs.
 SEC. 6. The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired expert 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.
 The liberty of abode is the right of a person to
have his home in whatever place chosen by
him and thereafter to change it at will.

The right to travel means to go where he

pleases, without interference from any source.
 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 9. Private property shall not be taken
for public use without just compensation
 Essentials or Inherent Powers of
the State
Eminent Domain is the right or power of the State or of those to
whom the power has been lawfully delegated to take (or expropriate)
private property for public use upon paying to the owner a just
compensation to be ascertained according to law.

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.

Taxation is the power of the State to impose charge or burden upon

persons, property, or property rights, for the use and support of the
government and to enable it to discharge its appropriate functions.
 Similarities of the Three Powers

a. They all rest upon necessity because there can

be no effective government without them;
b. They are inherent in sovereignty
c. They are ways by which the State interferes with
private rights and property;
d. They are all legislative in character; and
e. They all presuppose an equivalent compensation
received, directly or indirectly, by the person affected
by the exercise of these powers by the government.
Distinctions among the
Three Powers
 As to authority which exercises
the power

Taxation and police power are exercised only

by the government, while the exercise of the
power of eminent domain may be granted to
public service companies
 As to purpose

In taxation, the property (generally in the form

of money) is taken for the support of the
government; in eminent domain, for public
use; and in police power, the property is taken
or destroyed for the purpose of promoting the
general welfare.,
 As to effect

In taxation, the money contributed becomes

part of public funds; in eminent domain, there
is a transfer of the right to property whether it
be ownership or a lesser right; and in police
power, there is no transfer; at most, there is a
restraint in the injurious use of property.
 As to person affected

Taxation and (usually) police power operate

upon ma community or a class of individuals,
while eminent domain operates on an
individual as the owner of a particular
property
 As to benefits received

In taxation, it is assumed that the individual receives

the equivalent of the tax in the form of benefits and
protection he receives from the government; in
eminent domain, he receives just compensation for
the property expropriated; and in police power, the
compensation of the individual is not immediate and
usually annoyance and financial loss are caused to
him leaving the reward to be reaped through his
altruistic recognition that the restraint is for the
public good.
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 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.
 (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 any other similar forms of
detention are prohibited.
(3) Any confession or admission violation of
this Section 17 hereof shall be inadmissible
evidence against him.
(4) The law shall provide for penal and civil
sanction for violations of this section as well
compensation to and 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 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.
 Bail is 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.
The purpose of requiring bail is to relieve an
accused from imprisonment until his
conviction and yet secure his appearance at
the trial. The right to bail is granted because in
all criminal prosecutions, the accused is
presumed innocent.
It may be in the form of cash deposit, property
bond, bond secured from a surety company,
or recognizance.
 Who may not invoke the right to
bail.
The right to bail is available to any person arrested,
detained, or otherwise deprived of his liberty,
whether or not an information (criminal complaint)
has been filed against him.
It cannot be invoked where the applicant is not yet in
custody of the law because he went into hiding and is
at large, and hence, a free man even when he has
already been criminally charged in court. The
purpose of bail is to secure ones release and it
would be incongruous to grant bail to one who is
free.
 It is also not available to one charged with capital
offense or an offense punishable by reclusion
perpetua, life imprisonment, or death if the evidence
of his guilt is strong. The judge however, has no
authority to deny bail without taking into account
the evidence presented, at the time the accused for
bail, as to guilt is strong, bail may be granted where
there is no probability that the defendant would flee
rather than face the verdict of the court, or after
conviction, on humanitarian ground where the life or
health of the convict may be endangered by
continued confinement pending appeal.
Under the Rules of Court, no bail shall be allowed
after the judgment has become final, or after the
accused has commenced to serve sentence.
 Reasonableness of bail
What amount is a reasonable bail rests mainly upon
the discretion of the judge. He has to take into
account in deciding the matter, among others, the
nature of the offense, the penalty which the law
attaches to it, the probability of guilt, and the
financial condition of the accused. That which is
reasonable bail to a man of wealth is equivalent to a
denial of right if exacted of a poor man charged with
a like offense. Also, the amount of bail may be
reasonable if considered in terms of surety or
property bond, but excessive if required in the form
of cash. The option to post a cash bond primarily
belongs to the accused.
 Section 14. No person shall be held to answer for a criminal
offense without due process of law.

In all criminal prosecutions, the accused shall be

presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to
appear is unjustifiable.
Prima Facie sufficient for proof if
uncontradicted

ARRAIGNMENT is made in open court by

the judge or clerk, and consists in furnishing
the accused a copy of the complaint or
information with the list of witnesses, reading
the same in the language or dialect known to
him and asking him whether he pleads guilty
or not guilty.
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.
 The WRIT OF HABEAS CORPUS is an order
issued by a court of competent jurisdiction,
directed to the person detaining another,
commanding him to produce the body of the
prisoner at a designated time and place, and
to show sufficient cause for holding in custody
the individual so detained.
 Section 17. No person shall be compelled to be a
witness against himself.

This is a protection against self-incrimination which

may expose a person to criminal liability. It is
founded on grounds of:

(1) Public policy, because if the party is thus

required to testify, he would be placed under the
strongest temptation to commit the crime of perjury;
and

(2) Humanity, because it prevents the extortion of

confession by duress.
Section 18. (1) No person shall be detained solely by
reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist

except as a punishment for a crime whereof the party
shall have been duly convicted.

Involuntary servitude denotes a condition of enforced,

compulsory service of one to another. It includes:

(a) Slavery or the state of entire subjection of one

person to the will of another; and
(b) Peonage or the voluntary submission of a person
(peon) to the will of another because of his debt.
 Section 21. 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.

The right against DOUBLE JEOPARDY means

that when a person is charged with an offense
and the case is terminated either by acquittal
or conviction or in any other manner without
the express consent of the accused, the latter
cannot again be charged with the same or
identical offense.
Section 22. No ex post facto law or bill of
attainder shall be enacted.

Ex post facto law is a law that retroactively

makes criminal conduct that was not criminal
when performed, increases the punishment
for crimes already committed, or changes the
rules of procedure in force at the time an
alleged crime was committed in a way
substantially disadvantageous to the accused.
 An ex post facto law is one which,
operating retrospectively
(1) makes an act done before the passage of a law, innocent
when done, criminal, and punishes such act; or
(2) aggravates a crime or makes it greater than when it was
committed; or
(3) changes the punishment and inflicts a greater
punishment that what the law annexed to the crime, when
committed; or
(4) alters the legal rules of evidence, and received less
testimony than or different testimony from what the law
required at the time of the commission of the offense, in
order to convict the offender.
 What is BILL OF ATTAINDER?

Bill of Attainder is a legislative act which

inflicts punishment without a judicial trial.

a legislative act that singles out an

individual or group for punishment without a
trial.