Bill of Rights

Chapter 5
By: Vhonz Sugatan

POWER School
Learning Objectives:
• Observe utmost respect for

one’s life, liberty, property, and
the adherence to the rule of law.
• Acquaint students with some

legal aptitude on their
constitutional rights as citizen
and person living in the state.
• Discuss the importance and

requirement of due process of
law in any occasion that may
lead to trial, be it in civil,
criminal, or administrative case.
• Discuss and explain the rights

granted by the constitution to a
person who stands as accused in
any legal/court proceedings.
• Help students realize that

liberty/freedom is not absolute,
but may be restrained by law on
basis of public order, safety,
morale, health, and national
interest.
Bill of Rights
Bill of Rights
The article that articulates and

enlist the rights of an individual
that the government is duly
bound to protect, respect, and
carry out.
Bill of Rights
Merriam Webster Dictionary.
Bill of Rights
Merriam Webster Dictionary.
A summary of fundamental
rights and privileges guaranteed
to a people against violation by
the state.
Bill of Rights
Hemphill’s Law Dictionary.
Bill of Rights
Hemphill’s Law Dictionary.
Individual rights and privileges
set out in the constitutional
declaration and legislative
enactment that must be
accorded to every purpose.
Bill of Rights
Formal statement of the

fundamental rights of the
people of a nation.
Human Rights
Human Rights
Are the basic rights and freedoms

that belong to every person in the
world, from birth until death.
Human Rights
These basic rights are based on

values like dignity, fairness,
equality, respect and
independence.
Human Rights
Malolos Constitution
Malolos Constitution
Established a framework for

article for Bill of Rights.
1973 Constitution
1987 Constitution
1987 Constitution
• Right against unreasonable

searches and seizures. (Sec.2)
1987 Constitution
• Right to form labor unions,

association, and organization.
(Sec.8)
1987 Constitution
• Right against unlawful

confiscation of private
property without just
compensation. (Sec.9)
1987 Constitution
• Right against the suspension

of the privilege of the writ of
habeas corpuz. (Sec.15)
1987 Constitution
• Free access to courts and

quasi-judicial bodies. Sec.7
1987 Constitution

 Bangko Sentral ng Pilipinas

1987 Constitution

 Bureau of Customs
1987 Constitution

quasi-judicial bodies. Sec7
 Bureau of Internal Revenue

1987 Constitution

 Civil Service Commission

1987 Constitution

 LTFRB
1987 Constitution

 Land Transportation Office

1987 Constitution
• Expanded rights of an accused

under Miranda Doctrine.
(Sec.12)
1987 Constitution
1987 Constitution
• The right not to be detained

by reason of one’s political
beliefs and aspiration.
(Sec.18.1)
1987 Constitution
• Right against involuntary

servitude. (Sec.18.2)
1987 Constitution
• Other as provided by specific

laws.
Classification of Rights
1. Natural Rights
1. Natural Rights
These rights are naturally

conferred upon a person by his
creator as a human and rational
being.
2. Constitutional Rights
2. Constitutional Rights
These rights are generally

granted by the expressed
provision of the organic law of
the State.
Division of Constitutional Rights
1. Political Rights
1. Political Rights
2. Civil Rights
2. Civil Rights
3. Social &
Economic Rights
3. Social &
Economic Rights
4. Rights of an
Accused
4. Rights of an
Accused
3. Statutory Rights
3. Statutory Rights
These are rights that are

promulgated by special laws or
law passed by the legislature.
Article III Sec.1
Article III Sec.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 law.
Due Process of Law
Due Process of Law (Sec.1)
What is Due Process???

The official and proper way of

doing things in a legal case.
The rule that a legal case must

be done in a way that protect the
rights of all the people involved.
Requirements of Due Process
a. There must be a court with

juridical power to hear and
decide the matter before it.
b. The respondent must be

given an opportunity to be
heard.
c. The court must acquire lawful

jurisdiction over the person
or accused or over the
property which is the subject
of the proceedings
d. The judgment must be

rendered following the trial.
“it hears before it condemns”

Classification of Due Process
1. Procedural Due Process

1. Procedural Due Process
“which hears before it

condemns, which proceed
upon inquiry and render
judgments after trail”
2. Substantive Due Process

2. Substantive Due Process
The application of the

appropriate law in certain
case.
Person, Life, Liberty, & Property
Person
Person
Whereby a person may be
differentiated as individual
human being, who is natural, or
a person of legal conception,
which is juridical.
Natural Person
Natural Person
Is a human being of whatever
sex or age possessing physical
attributes of a rational being.
Juridical Person
Juridical Person
Is a legal entity bestowed certain
legal rights and duties as of
those natural person.
Life
Life
Physical appearance includes
the organs and limbs of human
body and the faculties and
senses he uses to communicate
with other human beings.
Liberty
Liberty
The right way of an individual to
be free from physical restraint of
his person, such as by
imprisonment or detention.
Property
Property
Refer to a thing itself or the
right over the thing.
Property
It includes the right to own, use,
transmit, and even destroy the
property, subject, however, to
the right of the State & of other
person.
Deprivation of Life,
Liberty, & Property
Deprivation of Life
Deprivation of Life
Includes the loss of any of the

various physical and mental
attributes which man must have
to live with as human being.
Deprivation of Life
Deprivation of Liberty
Means the prevention,

suppression, and restriction
of human freedom and
expression.
Deprivation of Property
Exist when the property is

unlawfully confiscated, or
when the exercise of the right
over a property is
unreasonably prevented.
Equal Protection of
the Law
Equal Protection of the Law
Equal protection of the law

applies to all person without
distinction according to
status, education, or rank.
Article III Sec.2
Article III Sec.2
Search Warrant
Search Warrant
An order in writing, issued in

the name of the people of the
Philippines, signed by a judge
and directed to a peace
officer.
Warrant of Arrest
Warrant of Arrest
A command in formal writing
issued against a person; to
take him into custody of law
in order that he may be bound
to answer for the commission
of offence.
Requisites of
Search Warrant
Requisites of Search Warrant
1. There must be a probable

cause.
2. The probable cause must

be determined personally
by a competent judge.
3. The existence of a probable

cause is determined on the
basis of careful examination
by a competent judge,
following a formal
complaint.
4. The warrant must

specifically identify and
describe the place to be
searched or the person or
things to be seized.
Circumstances for
Warrant-Less Arrest
Circumstances for Warrant-less Arrest
1. When the person to be

arrested is in Flagrante
Delicto.
2. When the right has been

voluntary waived such as
posting of bail bond.
3. When the person to be

arrested is a prisoner who
has escaped from a penal
establishment.
4. When the felony has been

committed and the peace
officer has “personal
knowledge” of material fact
that the suspect to be
arrested actually committed.
5. Acts that are indicated to the

“operation of the law”, like
raids, buy-bust operation,
entrapment, or check point.
6. When the writ of habeas

corpuz has been suspended
upon the declaration or
martial law.
Effects of Illegal
Arrest
Effects of Illegal Arrest
1. A person who was illegally

arrested cannot be released
if a warrant for his arrest was
subsequently issued.
2. Posting a bail constitute a

waiver of the illegality of the
arrest of the accused.
3. By entering a plea, the

accused waives the illegality
of his arrest.
4. The accused can be

convicted even if he was
illegally arrested.
Article III Sec.3
Article III Sec.3
Privacy of
Communication &
Correspondence
Article III Sec.3
Section 3.1
Article III Sec.3
Section 3.1
The privacy of communication
and correspondence shall be
inviolable except upon lawful
order of the court.
Article III Sec.3
Section 3.2
Article III Sec.3
Section 3.2
Any evidence obtained thereof
shall be inadmissible for any
purpose in any proceedings.
Invoke the Privacy of Communication
1. Upon judicial order of the

court.
Invoke the Privacy of Communication
2. When public safety or order

so requires, otherwise, as
may be provided by law.
Right to Privacy
Right to Privacy
The right to privacy of

communication and
correspondence breeds the right
to privacy
Wire-Tapping
Wire-Tapping
RA 4200 – Anti Wire Tapping Law
Wire-Tapping
Wire-Tapping
Protected Individual Freedom
1. Freedom of speech. (Sec.4)

2. Freedom of Expression.
(Sec.4)
3. Freedom of the Press. (Sec.4)

4. Freedom of Forming
Assembly. (Sec.4)
5. Freedom of Religion.(Sec.5)
Article III Sec.6
Article III Sec.6
Freedom of Abode
& Right to Travel
Article III Sec.6
The Constitution secures the

freedom of movement.
Article III Sec.7
Article III Sec.7
Right of People to
Information
Article III Sec.8
Article III Sec.8
Right to Form
Union
Article III Sec.9
Article III Sec.9
Confiscation of
Private Property
Article III Sec.9
Eminent Domain is means that
private property may only be
acquired or taken by the
government for public use only
upon payment of just
compensation.
Elements of Eminent Domain
1. The property to be
expropriated must be
private.
2. It must be used for public

purpose.
3. There must just

compensation.
4. There must be due process of

law in the expropriation.
Article III Sec.10
Article III Sec.10
Respect for the

Obligation of
Contract
Article III Sec.11
Article III Sec.11
Adequate Legal
Assistance in
Court
Article III Sec.11
“All person subject to legislation

should be treated alike, under
like circumstances and conditions
both in privileges conferred and
liabilities imposed”
Article III Sec.12
Article III Sec.12
The Right to
Remain Silent and
Have Counsel
Article III Sec.12
Trial in Absentia
Article III Sec.12.2
Article III Sec.12.2
Right against
Torture, Force, &
Unjust Detention
Article III Sec.13
Article III Sec.13
Right to Bail
Article III Sec.13
Bail is the security required by a
court and given for provisional or
temporary release of a person
who is in custody of the law upon
condition of his appearance
before any court as required
under the term specified.
Article III Sec.13
No bail shall be allowed after the

judgment has become final or
after the accused has
commenced to serve sentence.
Article III Sec.13
Factors
Considered in
Fixing a Bail
Fixing a Bail
1. The financial capability of the

accused.
Fixing a Bail
2. The nature and circumstance

of the offense.
Fixing a Bail
3. The penalty for the offense

charge.
Fixing a Bail
4. The character and reputation

of the accused
Fixing a Bail
5. His aged and health.

Fixing a Bail
6. The weight of the evidence

against him.
Fixing a Bail
7. The probability of his

appearing at the trail.
Fixing a Bail
8. The forfeiture of other bonds

him.
Article III Sec.14
Article III Sec.14
Due Process in
Criminal Offense
Article III Sec.14
1. Right to due process

Article III Sec.14
2. Right to the presumption of

innocence
Article III Sec.14
3. Right to heard by himself of

by counsel
Article III Sec.14
4. Right to be informed of the

nature and cause of the
accusation against him
Article III Sec.14
5. Right to have speedy,

impartial, and public trial.
Article III Sec.14
6. Right to meet the witness

face to face.
Article III Sec.14
7. Right to have compulsory

process to secure the
attendance of witness and
the production of evidence
on his behalf.
Article III Sec.15
Article III Sec.15
Writ of Habeas
Corpus
Article III Sec.16
Article III Sec.16
Speedy
Disposition of
Case
Article III Sec.16
All persons shall have the right to

speedy disposition of their cases
before all judicial, quasi-judicial,
or administrative bodies.
Article III Sec.17
Article III Sec.17
Right against Self

Incrimination
Article III Sec.18
Article III Sec.18
Non-
Imprisonment for
Political Belief
Article III Sec.18
No person shall be detained

solely by reason of his political
beliefs and aspiration.
Article III Sec.18
No involuntary servitude in any

form shall exist except as a
punishment for a crime whereof
the party shall have been duly
convicted.
Article III Sec.19
Article III Sec.19
Death Penalty to
Reclusion
Perpetua
Arguments Against Death Penalty
1. Death penalty is inhuman

and ungodly to re impose on
a predominantly Catholic
Nation.
2. It inflicts traumatic pain to

the family of the victim of
the victim and the advocates
of pro-life in the society.
3. There was no showing that

death penalty is a deterrent
to grave crimes.
4. Human life is a precious gift

to be sacrificed before
human judge who himself
may be unworthy to render
so grave a punishment.
5. Death penalty is a primitive

punishment.
Classification of Penalties
1. Reclusión Perpetua
2. Reclusión Temporal
3. Prisión Mayor &Temporary

Disqualification
4. Prisión Correccional,
Suspension, and Destierro
4. Arresto Mayor
5. Arresto Menor
6. Life Imprisonment
Article III Sec.20
Article III Sec.20
Non-
Imprisonment for
Debts
Article III Sec.21
Article III Sec.21
Right Against
Double Jeopardy
Article III Sec.22
Article III Sec.22
Ex-Post Facto Law

Bill of Rights

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Chapter 5

By: Vhonz Sugatan

• Observe utmost respect for

• Acquaint students with some

• Discuss the importance and

• Discuss and explain the rights

• Help students realize that

The article that articulates and

Formal statement of the

Are the basic rights and freedoms

These basic rights are based on

Established a framework for

• Right against unreasonable

• Right to form labor unions,

• Right against unlawful

• Right against the suspension

• Free access to courts and

• Free access to courts and

 Bangko Sentral ng Pilipinas

• Free access to courts and

• Free access to courts and

 Bureau of Internal Revenue

• Free access to courts and

 Civil Service Commission

• Free access to courts and

• Free access to courts and

 Land Transportation Office

• Expanded rights of an accused

• The right not to be detained

• Right against involuntary

• Other as provided by specific

These rights are naturally

These rights are generally

These are rights that are

No person shall be deprived of

What is Due Process???

The official and proper way of

The rule that a legal case must

a. There must be a court with

b. The respondent must be

c. The court must acquire lawful

d. The judgment must be

“it hears before it condemns”

1. Procedural Due Process

1. Procedural Due Process

“which hears before it

2. Substantive Due Process

2. Substantive Due Process

The application of the

Includes the loss of any of the

Means the prevention,

Exist when the property is

Equal protection of the law

An order in writing, issued in

1. There must be a probable

2. The probable cause must

3. The existence of a probable

4. The warrant must

1. When the person to be

2. When the right has been

3. When the person to be

4. When the felony has been

5. Acts that are indicated to the

6. When the writ of habeas