Article 3: Bill of Rights

right to adopt a child by an unrelated person)

Classification of Constitutional Rights 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. (citizenship, suffrage, right to information) 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. 3. Social and economic rights. These are intended to insure the well-being and economic security of the individual. 4. Right of the accused. They are (civil) rights intended for the protection of a person accused of any crime.

Every human being has intrinsic dignity and worth which must be respected and safeguarded.

Bill of Rights It is a declaration and enumeration of a persons rights and privileges which the Constitution is designed to protect 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 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. (right to life, right to liability, 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. (right to receive a minimum wage,

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 laws.

Meaning of due process of law Any deprivation of life, liberty or property with due process of law, if it is done (1) under the authority of a law that is valid (not contrary to the Constitution) or of the Constitution itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law.

3. Aspects of Due Process of Law 1. Procedural due process which refers to the method by which the law is enforced. (Which hear before it condemns, which proceeds upon inquiry and renders judgment after trial). 2. Substantive due process which requires that the law itself is fair, reasonable and just. No one is deprived of his rights for flimsy reasons. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: C J N O H 1. A court or tribunal clothed with judicial power to hear and determine the matter before it. 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings. 3. The defendant must be given notice and an opportunity to be heard. 4. Judgment must be rendered upon a lawful hearing. 4.

The decision must have something to support itself. Evidence supporting the conclusion must be substantial.

5. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. 6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered.

Note: a. What is required is not actual hearing, but a real opportunity to be heard. b. The requirement of due process can be satisfied by subsequent due hearing. c. Violation of due process: when same person reviews his own decision on appeal.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof. 2. The tribunal must consider the evidence presented. d. Notice and hearing are required in judicial and quasijudicial proceedings, but not in the promulgation of general rule.

For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P 1. The student must be informed in writing of the nature and cause of any accusation against them. 2. The student shall have the right to answer the charges against him, with the assistance of counsel if desired. 3. The student has the right to be informed of the evidence against him. 4. The student has the right to adduce evidence in his own behalf. 5. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. 6. The penalty imposed must be proportionate to the offense. Instances when hearings are NOT necessary: 1. When administrative agencies are exercising their quasilegislative functions. 2. 3. 4. 5. Abatement of nuisance per se. Granting by courts of provisional remedies. Cases of preventive suspension. Removal of temporary employees in the government service.

6. Issuance of warrants of distraint and/or levy by the BIR Commissioner. 7. Cancellation of the passport of a person charged with a crime.

8. Issuance of sequestration orders (considered a provisional remedy). Note: a. The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. b. Exceptions: c. Serious breach of discipline; or Note: 1. The right to counsel is a very basic requirement of substantive due process and has to be observed even in administrative and quasi-judicial bodies. 9. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity of the courts jurisdiction. 10. Suspension of a banks operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank.

d. Failure to maintain the required academic standard. e. Proceedings in student disciplinary cases may be summary; cross-examination is not essential

2. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law.

GUESS as to its meaning 3. And differ as to its application

Requisites of SUBSTANTIVE due process: CODE: I M Equal Protection of the law 1. The INTERESTS of the public generally, as distinguished from those of a particular class, requires the interference by the government and 2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced.

Requirements of a valid ordinance: 1. 2. 3. 4. 5. 6. Must not contravene the Constitution or any statute Must not be unfair or oppressive Must not be partial or discriminatory Must not prohibit, but may regulate trade Must be general and consistent with public policy Must not be unreasonable

Requisites for valid classification for purposes of the equal protection clause 1. 2. 3. 4. 5. The classification must: CODE: SGEE

Rest on SUBSTANTIAL DISTINCTIONS Be GERMANE to the purposes of the law NOT LIMITED TO EXISTING CONDITIONS only APPLY EQUALLY to all members of the SAME CLASS.

Section 2.
When is a law VAGUE? 1. 2. When it lacks COMPREHENSIBLE STANDARDS That men of ordinary intelligence must necessarily
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 person or things to be seized.

believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.

General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest

Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established, unlike in the case of a warrant of arrest.

Requisites for a valid warrant: CODE:

P J E D Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE

1. It must be issued upon PROBABLE CAUSE. 2. The existence of probable cause is determined personally by the JUDGE. 3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. 4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized.

The judge is NOT required to personally examine the complainant and his witnesses. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394). To be sure, the Judge must go beyond the prosecutors certification and investigation report whenever necessary (Lim v. Felix).

Definition of PROBABLE CAUSE

Procedure: 1. The judge personally evaluates the report and supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or 2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscals report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause.

For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.

For the issuance of a search warrant: Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to

Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES 1. The oath required must refer to the truth of the facts within the

personal knowledge of the complainant or his witnesses because the purpose is to convince the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33). 2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI).

of Rights that the things to be seized be particularly described.

VALID WARRANTLESS SEARCH

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) 1. A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the circumstances will ordinarily allow or 2. When the description expresses a conclusion of fact not of law by which the warrant officer may be guided in making the search and seizure or 3. When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

1. Search made as an incident to lawful arrest A. An officer making an arrest may take from the person arrested: i. Any money or property found upon his person which was used in the commission of the offense or ii. Was the fruit thereof or iii. Which might furnish the prisoner with the means of committing violence or escaping or iv. Which may be used in evidence in the trial of the case B. The search must be made simultaneously with the arrest and it may only be made in the area within the reach of the person arrested 2. Search of moving vehicles A. This exception is based on exigency. Thus, if there is time to obtain a warrant in order to search the vehicle, a warrant must first be obtained. B. The search of a moving vehicle must be based on probable cause. 3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code A. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. B. Exception: A search warrant is required for the search of a dwelling house. C. Searches under this exception include searches at borders and ports of entry. Searches in these areas do not require the existence of probable cause

JOHN DOE WARRANT A John Doe warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil. 159)

GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the Bill

VALID WARRANTLESS ARRESTS 4. Seizure of evidence in plain view A. To be a valid warrantless search, the articles must be open to the eye and hand. B. The peace officer comes upon them inadvertently. 5. Waiver of right A. Requisites of a valid waiver: i. The right exists. ii. The person had actual or constructive knowledge of the existence of such right. iii. There is an actual intention to relinquish such right. B. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same. C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver. D. The search made pursuant to the waiver must be made within the scope of the waiver. 1. When the person to be arrested has committed, is actually committing, or is about to commit an offense in the presence of the arresting officer. 2. When an offense has in fact just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it. 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. 4. Waiver of an invalid arrest:

When a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest. 5. Hot pursuit

Note: 1. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte V. De Villa) 2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction 3. The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges, but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order. A. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest. B. There must be no supervening event which breaks the continuity of the chase. 6. Stop and frisk When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed, he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. Should he find, however, a weapon on the suspect which is unlicensed, he can

arrest such person then and there for having committed an offense in the officers presence.

Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in the absence of governmental interference, the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. (People v. Martin)

Section 3.
(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings.

Section 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.

R.A. 4200 (Anti-Wiretapping Act) 1. The law does not distinguish between a party to the private communication or a third person. Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca) 2. The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. (Gaanan v. IAC, 145 SCRA 112)

What are considered protected speech: Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included within the meaning of speech.

Prohibitions under Section 4 Types of communication protected: Letters, messages, telephone calls, telegrams and the like. 1. 2. Prohibition against PRIOR RESTRAINT Prohibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraint 1. Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. 2. Examples/forms of prior restraint A. movie censorship B. judicial prior restraint = injunction against publication C. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper D. flat license fees for the privilege of selling religious books Freedom of Speech

Balancing of Interests Test

create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent. The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed.

When prohibition does not apply A. During a war. Ex. Government can prevent publication about the number/locations of its troops (Near v. Minnesota, 238 US 697)

The doctrine on freedom of speech was formulated primarily for the protection of core speech, i.e. speech which communicates political, social or religious ideas. These enjoy the same degree of protection. Commercial speech, however, does not.

Commercial Speech B. Obscene publications. 1. A communication which no more than proposes a commercial transaction. Standards for allowable subsequent punishment TEST Dangerous Tendency Test Clear and Present Danger Test CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended There should be a clear and present danger that the words when used under such circumstances are of such a nature as to 2. To enjoy protection: a. It must not be false or misleading; and

b. It should not propose an illegal transaction. 2. Even truthful and lawful commercial speech may be regulated if:

a.

Government has a substantial interest to protect;

iii. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. B. Procedure for seizure of allegedly obscene publications

b. The regulation directly advances that interest; and c. It is not more extensive than is necessary to protect that interest. (Central Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557)

i. Authorities must apply for issuance of search warrant. ii. Court must be convinced that the materials are obscene. Apply clear and present danger test.

Unprotected Speech 1. LIBEL A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered actionable, even if the words used are neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the person. The statements are not used to attack personalities but to give ones opinion on decisions and actions. B. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be aired regarding their public actuations. Comment on their private lives, if not germane to their public personae, are not protected. 2. OBSCENITY 2. A. Test for obscenity (Miller v. California) i. Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest. ii. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by law. a. Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will take place. b. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to the grant of the permit or to its grant, but in another public place. The grant or refusal should be Rules on assembly in public places: iii. Judge will determine whether they are in fact obscene. iv. v. RPC. vi. Judge will issue a search warrant. Proper action should be filed under Art. 201 of the

Conviction is subject to appeal.

Right of Assembly and Petition 1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition.

based on the application of the Clear and Present Danger Test. c. If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the applicants must be heard on the matter. d. The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants at the earliest opportunity so that they may, if they so desire, have recourse to the proper judicial authority. 3. Rules on assembly in private properties:

1. The non-establishment clause does not depend upon any showing of direct governmental compulsion. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. The test of compliance with the nonestablishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment clause, two requisites must be met. First, it has a secular legislative purpose. Second, its primary effect neither advances nor inhibits religion. 2. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. While the freedom to believe (non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to government regulation.

Only the consent of the owner of the property or person entitled to possession thereof is required.

Section 5.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Requisites for government aid to be allowable: 1. Clauses under Section 5 1. 2. Non-establishment clause Free exercise of Religion It must have a secular legislative purpose;

2. It must have a primary effect that neither advances nor inhibits religion; 3. It must not require excessive entanglement with recipient institutions.

Distinction between the clauses (School District v. Schempp, 374 US 203)

Section 6.
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be provided by law. Note: The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus)

Rights guaranteed under Section 6: 1. 2. Freedom to choose and change ones place of abode.

Section 7.
Freedom to travel within the country and outside. The right of the people to information on matters of public concern shall be recognized.

Rights guaranteed under Section 7 Curtailment of rights: RIGHT OF CURTAILMENT MANNER 1. 2. Right to information on matters of public concern Right of access to official records and documents

1. Liberty of abode Lawful order of the court and within the limits prescribed by law.

Persons entitled to the above rights Only Filipino citizens.

2. Right to travel May be curtailed even by administrative officers (ex. passport officers) in the Discretion of government interest of national security, public safety, or public health, as may be provided by law. The government has discretion with respect to the authority to determine what matters are of public concern and the authority to

determine the manner of access to them.

ideas, the freedom of association is an aspect of the freedom of speech and expression, subject to the same limitation.

Recognized restrictions on the right of the people to information: The right also covers the right not to join an association. 1. 2. 3. 4. 5. 6. 7. 8. National security matters Intelligence information Trade secrets Banking transactions Diplomatic correspondence Executive sessions Closed door cabinet meetings Supreme Court deliberations Government employees have the right to form unions. They also have the right to strike, unless there is a statutory ban on them.

Section 9.
Private property shall not be taken for public use without just compensation.

Who can exercise the power of eminent domain: 1. The national government a. 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. Congress

Section 8.
b. Executive, pursuant to legislation enacted by Congress 2. Local government units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC) The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition, insofar as the associations may have for their object the advancement of beliefs and 3. Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary? It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract exists between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract.

B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare title still remains with the owner.

Elements of the power of eminent domain 1. 2. 3. There is a TAKING of private property Taking is for PUBLIC USE Payment of JUST COMPENSATION "PUBLIC USE" 1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is used in the concept of police power. 2. Examples of public use include land reform and socialized housing.

"TAKING" A. Elements: CODE: E P A P O 1. The expropriator enters the property

2. The entrance must not be for a momentary period, i.e., it must be permanent 3. 4. Entry is made under warrant or color of legal authority Property is devoted to public use

"JUST COMPENSATION" 1. Compensation is just if the owner receives a sum equivalent to the market value of his property. Market value is generally defined as the fair value of the property as between one who desires to purchase and one who desires to sell. 2. The point of reference use in determining fair value is the value at the time the property was taken. Thus, future potential use of the land is not considered in computing just compensation.

5. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property.

Judicial review of the exercise of the power of eminent domain 1. 2. To determine the adequacy of the compensation To determine the necessity of the taking

Section 10.
No law impairing the obligation of contracts shall be passed.

3. To determine the "public use" character of the taking. However, if the expropriation is pursuant to a specific law passed by Congress, the courts cannot question the public use character of the taking.

When does a law impair the obligation of contracts: 1. If it changes the terms and conditions of a legal contract either as to the time or mode of performance

When municipal property is taken by the State: Compensation is required if the property is a patrimonial property, that is, property acquired by the municipality with its private funds in its corporate or private capacity. However, if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.

2. If it imposes new conditions or dispenses with those expressed 3. If it authorizes for its satisfaction something different from that provided in its terms.

Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of the complaint for expropriation.

A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts.

A valid exercise of police power is superior to obligation of contracts. Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it, the value is that of the time of the earlier taking. BUT if the value increased independently of what the expropriator did, then the value is that of the latter filing of the case. Reasons for Constitutional Safeguards on the Rights of the Accused 1. A criminal case is an unequal contest. Every criminal case is a contest between an individual and the government. It is of necessity because the parties are of unequal strength. The

government is very powerful and is the repository of the enormous power of organized society. As such, the Constitution seeks to redress the imbalance between these parties by guaranteeing the accused the right to an impartial trial, the privilege of cross-examination and other procedural safeguards. 2. Criminal accusation is a very serious matter. It is a very serious matter for the government to formally accuse a man of having committed a crime. The defendant by being merely accused may find himself in immediate trouble, whether guilty or not. He may lose his job or be suspended from it pending trial. The accused, therefore, needs every possible opportunity to establish his innocence, as soon, as publicly and as decisively, as possible. 3. The protection of the innocent is the underlying purpose. It is the purpose of the Constitution to assure that truth will be discovered and that justice (which is the end of the government) will be done. As such, the acquittal of the innocent is given more importance or preference than conviction of criminal.

Rights to adequate legal assistance The State has the constitutional duty to provide free and adequate legal assistance to assistance by reason of indigence or lack of financial means. Through this, the indigent can engage the services of a lawyer to defend himself or enforce his rights in civil, criminal or administrative cases.

Section 12.
Right 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 provide with one. 3. To be relieved against the use of torture, force, violence, threat, intimidation or any other means which vitiates the free will 4. To be relieved against being held in secret, solitary, incommunicado, or other similar forms of detention

Section 11.
Effect of violation of the right Rights to free access to courts and quasi-judicial bodies The guarantee of due process and equal protection of laws assure all persons like access to the courts as well as quasi judicial bodies of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts. Low-paid employees, domestic servants and laborers (who collect small salaries and wages) might have to go to court and yet are without means to pay attorneys fees and sheriffs fees. Any confession obtained in violation of any of the above rights is declared INADMISSIBLE in evidence before any proceeding and violators shall be subject to penal and civil sanctions to be provided by law.

When rights can be invoked The rights of person under investigation are thus available the moment an arrest, with or without a warrant, are made. The authorities must insure that the accused is apprised of his rights and

that they are availed of by him. Section 12 provides procedural safeguards to secure the rights of the accused particularly the privilege against selfincrimination of persons under arrest or in custody of law enforcement officers. Under Investigation includes custodial investigation or investigation where the proceeding is not a mere general inquiry into an alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation. Form of Bail It may be in the form of cash deposit, property bond, bond secured from a surety company, or a recognizance.

Who may not invoke the right to bail 1. It cannot be invoked where the applicant is not yet in custody of the law because he went into hiding and is at large a free man even when he has already been criminally charged in court. 2. It is 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. 3. 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.

Waiver of right of silence and to counsel The right of silence and to counsel cannot be waived EXCEPT in writing and in the presence of counsel.

Section 13.
Meaning of Bail 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. When the privilege of the writ of habeas corpus is suspended, the right to bail, even for the commission of national crimes is still available except as provided in Section 13.

Excessive Bail is prohibited The Constitution ordains that excessive bail shall not be

Purpose of Bail It relieves an accused from imprisonment until his conviction and yet secure his appearance at the trial. In all criminal cases, the accused is presumed innocent.

required. What amount is reasonable bail rest mainly upon the discretion of the judge. He has to take into account in deciding the mater, 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.

Right to be heard by himself and counsel 1. In all criminal prosecutions, the defendant shall be entitled to present and defend in person and by counsel at every stage of the proceedings, from the arraignment to the promulgation of the judgment 2. The accused must be present at the arraignment and must personally enter his plea. 3. After a plea of not guilty, the accused is entitled to two day to prepare for trial unless the court for good cause grants him further time 4. Before arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to have.

Section 14.
Right to due process of law in criminal cases A person cannot be held to answer for a criminal offense without due process of law. Due process in this context pertains more to the procedural aspect. It requires that: 1. The accused must be1. Tried before a competent court 2. Given a fair and impartial trial 3. Allowed to use all legal means and opportunity to defend himself. 2. The judgment awarded against him must be within the authority of a valid law.

Even if the guilt of the defendant is very apparent, a hearing is still indispensable. He cannot be punished upon a doubtful assumption. Lack of notice of hearing violates procedural due process.

Right to presumption of innocence In all criminal prosecutions, the accused is presumed innocent until the contrary is proved. This presumption of innocence is a guarantee that no person shall be convicted of a crime except upon confession or unless his guilt is established by proof of beyond reasonable doubt, which is more than just a preponderance of evidence sufficient to win in a civil case. Its purpose is to balance the scales in what would otherwise be an uneven contest between the lone individual pitted against the government and all the resources, authority and influence at its command.

Meaning and Purpose of Arraignment 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 know to him and asking him whether he pleads guilty or not guilty. It is at this stage that the accused, for the first time, is granted the opportunity to know the precise charge that confronts him.

Importance of the right to counsel Even the most intelligent or educated man may have no skill

in the science of law, particularly in the rules of procedure and without counsel, he may be convicted not because he is guilty but because he does not know how to establish his innocence.

The accused has the right to meet the witnesses face to face. 1. Cross examination of witnesses by the accused. The accused has an opportunity to cross-examine witnesses against him to test their recollection and veracity 2. Assessment by the court of witness credibility. The judge has an opportunity to see the demeanor and appearance of witnesses while testifying

Right to be informed of the nature and cause of the accusation against him This right implies that the offense which a person is accused of be made known to him. The complaint or information should be sufficiently clear to a person of ordinary intelligence as to what the charge is so as to enable him to prepare his defense.

Right to compulsory production of witness and evidence 1. Under the Rules of Court, an accused person is entitled to have subpoenas (order to a person to appear and testify in court) issued to compel the attendance of witnesses in his favor, including warrant of arrest if needed. 2. The court, upon proper application of the defendant, may order the prosecution to produce or permit the inspection of evidence material to any matter involved in the action, in the possession or under the control of the prosecution, the police or any other law-investigating agencies.

Right to have a speedy, impartial and public trial 1. Speedy trial. It means that one that can be had as soon as possible, after a person is indicted and within such time as the prosecution, with reasonable diligence, could prepare for it. It should be a trial conducted according to fixed rules, regulations, and proceedings of law free from vexatious, capricious and oppressive delays. 2. Impartial Trial. Impartiality implies an absence of actual bias in the trial cases. To this end, no man can be a judge in his own case and no man is permitted to try cases where he has an interest, pecuniary or otherwise in the outcome. 3. Public Trial. A public trial is not of necessity one to which the whole public is admitted, but it is one so far open to all, as that of the accuseds friends and relatives and others who may be inclined to watch the proceedings in order to see if justice is intelligently and impartially administered, so that they may have an opportunity to do so.

Trial in the absence of the accused The constitutional right of the accused to be personally present and to be heard in his defense by himself may be waived by him. Thus, trial may not proceed notwithstanding the absence of the accused provided the three conditions occur: 1. He has been arraigned 2. He has been duly notified of the trial 3. His failure to appear is unjustifiable.

Right to confrontation of witnesses

Section 15.
Meaning of Writ of Habeas Corpus It 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.

It may be suspended by the President in case of invasion, or rebellion, when public safety requires it. Consequently, the person under detention by the government may not obtain his liberty by its use. The suspension of the privilege of the writ enables the State, to hold in preventive imprisonment pending investigation and trial of persons who plot against it or commit acts that endanger its very existence.

Purpose of the writ It aims to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. Its principal purpose then is to set the individual at liberty.

Section 16.
Right to speedy disposition of cases 1. It upholds the time honored tradition of speedy justice- Justice delayed is justice denied. 2. It can only be invoked after the termination of the trial or hearing of a case. 3. Under the present Constitution, the Supreme Court, all lower collegiate courts and all other lower courts are required to decide or resolve cases within a certain period of time. With the setting of an absolute time limit in the disposition of cases, a court litigant will not have to wait indefinitely anymore for his case to be decided. 4. The provision contemplates the disposition of cases involving private interests not only before judicial bodies but also before quasi-judicial bodies and administrative bodies.

How writ operates 1. The prisoner or any person on his behalf petitions the proper court, which immediately issues the writ 2. It is sent to the person having another in his custody. Such person is ordered to produce the prisoners in court at a specified time, together with an explanation of the cause of the detention. 3. After the order is obeyed, the judge scrutinizes the return and then decides whether it shows that the imprisonment is authorized by law. 4. If so, the prisoner is remanded- sent back to custody. If not, he is set free at one by the judge.

Section 17.
Right against self incrimination

Suspension of the privilege of writ

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 2. Humanity, because it prevents the extortion of confession by duress.

defendants own lips, against his will, an admission of his guilt. It extends to the production by the accused of documents, chattels or other objects demanded from him, for then he is compelled to make a statement, express or implied, as to identity of the articles produced. However there is no violation where: 1. The accused is forced to discharge morphine from his mouth 2. The accused is compelled to place his foot on a piece of paper to secure his footprints 3. The accused is compelled to be photographed or to remove his garments and his shoes 4. Where a woman accused of adultery is compelled to permit her body to be examined by physicians to determine if she is pregnant 5. The voluntary confession (given in the preliminary) of the accused is admitted at the trial.

Scope of guarantee It applies in criminal cases as well as in civil, administrative and legislative proceedings where the fact asked for is a criminal one.

Nature of Guarantee 1. The right is purely personal and may be waived. 2. It may not be invoked to protect a person against being compelled to testify to facts which may expose him only to public ridicule or tend to disgrace him 3. It may not be invoked simply because the testimony might subject one to some liability not arising from any criminal action 4. It is applicable only to present not a part criminality which involves no present danger of prosecution. 5. It can be availed of only against testimonial compulsion.

Section 18.
Right against detention solely by reason of political beliefs and aspirations The inclusion in the Constitution of this right is a response to the recent event in our history. Thousand of people were arrested and jailed during the whole period of martial rule for attacking certain acts and policies of the President (martial law), for exposing graft and corruption in the government and others. Many remained in incarceration for years without charges filed against them.

Forms of testimony prohibited The constitutional guarantee that no person shall be compelled to be a witness against himself is limited to prohibition against compulsory testimonial self-incrimination- extricating from Meaning of involuntary servitude It denotes a condition of enforced, compulsory service of one to another. It has been applied to any service or labor which is not

free, no matter under what form such service may have been rendered. It includes: 1. Slavery or the state of entire subjection of one person to the will of another 2. Peonage or the voluntary submission of a person to the will of another because of his debt.

The question as to the amount of the fines that shall be imposed is one addressed to the sound discretion of the court. If it keeps within the limits of a statute, the fine cannot usually be held unreasonable. Courts will be justified in declaring a fine prescribed by a statute excessive only when it is clearly so, considering the nature of the offense and the ability of the persons punished to pay the offense.

Purpose and basis of prohibition Right against cruel, degrading or inhuman punishments It aims to maintain a system of completely free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for anothers benefit which is the essence of involuntary servitude, 1. Form of Punishment It is said that punishment are cruel and/or inhuman when they involved torture or lingering death such as burning alive, mutilation, starvation, drowning and other barbarous punishment. Punishment is degrading when it brings shame and humiliation to the victim or exposes him to contempt or ridicule, or lowers his dignity and self-respect as a human being. The punishment of death by hanging, electrocution or musketry is not considered cruel within the meaning of that word as used in the Constitution. 2. Quantity or Duration of Punishment All punishments greatly disproportionate to the nature of the offense as to be shocking to the human conscience would be both cruel and inhuman.

Exceptions to prohibition 1. When the involuntary servitude is imposed as a punishment for a crime whereof the party shall have been duly convicted 2. When personal military and civil service is required if citizens for the defense of the State 3. To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute 4. To exceptional services, such as military and naval enlistment 5. To exercise by parent by their authority to require their children to perform reasonable amount of work 6. When there is proper exercise of the police power of the State.

Purpose of the Guarantee

Section 19.
Right against excessive fines

It aims to eliminate many of the barbarous and uncivilized punishment formerly known, the infliction of which would barbarize present civilization.

Imposition of Death Penalty Section 19 abolishes death penalty. It shall not be inflicted unless Congress decides to reinstate it for compelling reasons, involving heinous crimes Arguments Arguments

life of a person who has proved himself a great menace to society by way of self defense and as an example and warning to others.

AGAINST DEATH IN FAVOR OF DEATH PENALTY PENALTY 1. It is cruel and inhuman 1. It is not cruel and for the convict and inhuman because the family who are manner by which it is traumatized by the executed does not waiting even if it is never involve physical or carried out. mental pain nor 2. There is no conclusive unnecessary physical or evidence from mental suffering and it is penologists that it has a imposed only for heinous special deterrent effect on crime criminality 2. It does discourage others 3. It deprives the convict of from committing heinous a chance of rehabilitation crimes and its abolition and reformation, death will increase the crime being irreversible rate 4. There is always a 3. A convict by his own possibility of error in acts has forfeited his condemning a person to right to life and shown death his moral incapability to 5. The state has no right to be rehabilitated and deprive a person of his reformed life; God is the giver of 4. Its imposition is filled life and only He can take with numerous legal it safeguards 5. The State has the absolute right to take the

Section 20.
Meaning of Debt It means any liability to pay money arising out of contract, express or implied. It refers to civil debt or one not arising from a criminal offense.

Purpose of prohibition against imprisonment for debt The constitution seeks to prevent the use of the power of the State to coerce the payment of debts. This is done for humanitarian reasons as one should not be punished on account of his poverty. But if the debtor has property, the creditor has the right in civil case to have such property attached as a means of enforcing payment of debt.

Prohibitions limited to contractual obligations only The inhibition was never meant to include: 1. Damages arising in action ex delicto (criminal action), for the reasons that the damage recoverable therein do not arise from any contract entered into between the parties, but are imposed upon the defendant from the wrong he has done and are considered as punishment

2. Fines and penalties imposed by the courts in criminal proceedings as punishment for crime

The accused is placed in double jeopardy if the following conditions are present: 1. 2. 3. 4. He has been previously brought to trial; In a court of competent jurisdiction Under a valid complaint or information He has been arraigned and pleaded either guilty or not guilty to the charge 5. He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent 6. He is being charged again for the same offense.

Meaning of Poll Tax It is a tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.

Purpose of prohibition against imprisonment for non-payment of poll tax Right to appeal in criminal cases. The constitutional right is a measure dictated by a sense of humanity and sympathy for the plight of the poorer elements of the population who cannot even afford to pay their cedula/ community tax. 1. The government has no right, therefore, to appeal from a judgment of acquittal 2. The accused, after having been convicted, may appeal to a higher court, but the latter may raise the penalty imposed on him by the lower court and such is not second jeopardy.

Section 21.
Right against double jeopardy It means 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. The guarantee protects against the perils of a second punishment as well as a second trial for the same offense. Classes of Double Jeopardy 1. Double jeopardy for the same offense and not for the same act, provided he is charged with different offense (so an act may give rise to more than one offense) except if the act is punished by law and an ordinance 2. Double jeopardy of punishment for the same act and it applies although the offenses charged are different, one constituting a violation of a statute and the other of an ordinance.

Requisites for existence of double jeopardy

Section 22.

Meaning of ex-post facto law It is one which, operating retrospectively1. 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 punishment when it was committed; or 3. Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed; or 4. alters the legal rules of evidence, and receives 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.

judicial function, or simply, trial by legislature.

Characteristic of ex-post facto law 1. It relates to penal or criminal matters only (civil interests are protected by the non-impairment clause); 2. It is retroactive in their operation; 3. They deprive persons accused of crime of some protection or defense previously available, to their disadvantage.

Meaning of Bill of Attainder It is a legislative act which inflicts punishment without a judicial trial.

Purpose of Prohibition against Bill of Attainder The prohibition against the enactment of bills of attainder is designed as a general safeguard against legislative exercise of the