ARTICLE III

BILL OF RIGHTS

Ms. Claudine Saddul Uanan

HSC Faculty for Social Sciences
 CONCEPT OF A BILL OF RIGHTS

A BILL OF RIGHTS MAY BE DEFINED AS A DECLARATION AND

ENUMERATION OF A PERSON’S RIGHTS AND PRIVILEGES WHICH THE
CONSTITUTION IS DESIGNED TO PROTECT AGAINST VIOLATIONS BY
THE GOVERNMENT , OR BY INDIVIDUAL OR GROUPS OF INDIVIDUALS.
IT IS A CHARTER OF LIBERTIES FOR THE INDIVIDUAL AND A LIMITATION
UPON THE POWER OF THE STATE.
ITS BASIS IS THE SOCIAL IMPORTANCE ACCORDED TO THE INDIVIDUAL IN
THE DEMOCRATIC OR REPUBLICAN STATE, THE BELIEF THAT EVERY
HUMAN BEING HAS INTRINSIC DIGNITY AND WORTH WHICH MUST BE
RESPECTED AND SAFEGUARDED
 CLASSES OF RIGHTS

THE RIGHTS THAT A CITIZEN OF A DEMOCRATIC STATE ENJOYS MAY BE

CLASSIFIED INTO:
1. NATURAL RIGHTS- THEY ARE THOSE RIGHTS POSSESSED BY EVERY
CITIZEN WITHOUT BEING GRANTED BY THE STATE FOR THEY ARE GIVEN
TO MAN BY GOD AS A HUMAN BEING CREATED TO HIS IMAGE SO THAT
HE MAY LIVE A HAPPY LIFE. EX. RIGHT TO LIFE AND RIGHT TO LOVE
2. CONSTITUTIONAL RIGHTS- THEY ARE THOSE RIGHTS WHICH ARE
CONFERRED AND PROTECTED BY THE CONSTITUTION. SINCE THEY ARE
PART OF THE FUNDAMENTAL LAW, THEY CANNOT BE MODIFIED OR
TAKEN AWAY BY THE LAW –MAKING BODY
3. STATUTORY RIGHTS- THEY ARE THOSE RIGHTS WHICH ARE PROVIDED BY
LAWS PROMULGATED BY THE LAW –MAKING BODY AND,
CONSEQUENTLY, MAY BE ABOLISHED BY THE SAME BODY. EX. RIGHT TO
RECEIVE MINIMUM WAGE AND RIGHT TO INHERIT PROPERTY.
 CLASSIFICATION OF CONSTITUIONAL RIGHTS
THE RIGHTS SECURED BY THE CONSTITUTION MAY BE CLASSIFIED AS
FOLLOWS:
1. POLITICAL RIGHTS- THEY ARE SUCH RIGHTS OF THE CITIZENS WHICH GIVE
THEM THE POWER TO PARTICIPATE, DIRECTLY OR INDIRECTLY, IN THE
ESTABLISHMENT OR ADMINISTRATION OF THE GOVERNMENT. EX. RIGHT
OF CITIZENSHIP, RIGHT OF SUFFRAGE AND THE RIGHT TO INFORMATION
ON MATTERS OF PUBLIC CONCERN.
2. CIVIL RIGHTS- THEY ARE THOSE RIGHTS WHICH THE LAW WILL ENFORCE
AT THE INSTANCE OF PRIVATE INDIVIDUALS FOR THE PURPOSE OF
SECURING TO THEM THE ENJOYMENT OF THEIR MEANS OF HAPPINESS.
EX. RIGHTS AGAINST INVOLUNTARY SERVITUDE, LIBERTY OF ABODE,
FREEDOM OF SPEECH, OF EXPRESSION OR OF THE PRESS.
3. SOCIAL AND ECONOMIC RIGHT- THEY INCLUDE THOSE RIGHT S WHICH
ARE INTENDED TO INSURE THE WELL-BEING AND ECONOMIC SECURITY
OF THE INDIVIDUAL. EX. RIGHT TO PROPERTY, RIGHT TO JUST
COMPENSATION FOR PRIVATE PROPERTY TAKEN FOR PUBLIC USE.
4. RIGHTS OF THE ACCUSED- THEY ARE THE (CIVIL)
RIGHTS INTENDED FOR THE PROTECTION OF A PERSON
ACCUSED OF ANY CRIME, LIKE THE RIGHT TO
PRESUMPTION OF INNOCENCE, RIGHT TO A SPEEDY ,
IMPARTIAL, AND PUBLIC TRIAL , AND THE RIGHT
AGAINST CRUEL , DEGRADING, OR INHUMAN
PUNISHMENT .
 SECTION 1. NO PERSON SHALL BE DEPRIVED OF LIFE,
LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW,
NOR SHALL ANY PERSON BE DENIED THE EQUAL
PROTECTION OF THE LAWS.

WHAT IS DUE PROCESS?

ANY DEPRIVATION OF LIFE, LIBERTY, OR PROPERTY IS WITH
DUE PROCESS IF IT IS DONE UNDER THE AUTHORITY OF A
LAW THAT IS VALID (I.E., NOT CONTRARY TO THE
CONSTITUTION) OR OF THE CONSTITUTION ITSELF, AND
AFTER COMPLIANCE WITH FAIR AND REASONABLE
METHODS OF PROCEDURE PRESCRIBED BY LAW.
 ASPECTS OF DUE PROCESS OF LAW.

1. PROCEDURAL DUE PROCESS WHICH REFERS TO THE METHOD OR

MANNER BY WHICH THE LAW IS ENFORCED. DANIEL WEBSTER’S
FAMOUS DEFINITION: A PROCEDURE “WHICH HEARS BEFORE IT
CONDEMN, WHICH PROCEED S UPON INQUIRY, AND RENDERS
JUDGMENT ONLY AFTER TRIAL.” AN INDISPENSABLE REQUISITE OF
THIS ASPECT OF DUE PROCESS IS THE REQUIREMENT OF NOTICE
AND HEARING
2. SUBSTANTIAL 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.
 PROCEDURAL DUE PROCESS.

1. IN JUDICIAL PROCEEDINGS-FOR THE MOST PART, PROCEDURAL

DUE PROCESS HAS ITS APPLICATION IN JUDICIAL PROCEEDINGS,
CIVIL OR CRIMINAL. IT REQUIRES:
A. AN IMPARTIAL COURT CLOTHED BY LAW WITH AUTHORITY TO
HEAR AND DETERMINE THE MATTER BEFORE IT;
B. JURISDICTION LAWFULLY ACQUIRED OVER THE PERSON OF
THE DEFENDANT OR PROPERTY WHICH IS THE SUBJECT MATTER
OF THE PROCEEDING;
C. OPPORTUNITY TO BE HEARD GIVEN THE DEFENDANT; AND
D. JUDGMENT TO BE RENDERED AFTER THE LAWFUL HEARING.
2. IN ADMINISTRATIVE PROCEEDINGS- DUE PROCESS,
HOWEVER, IS NOT ALWAYS JUDICIAL PROCESS. IN CERTAIN
PROCEEDINGS OF AN ADMINISTRATIVE CHARACTER, NOTICE
AND HEARING MAY BE DISPENSED WITH, WHERE BECAUSE OF
PUBLIC NEED OR FOR PRACTICAL REASONS, THE SAME IS
NOT FEASIBLE. THUS, AN OFFENDER MAY BE ARRESTED
PENDING THE FILING OF CHARGES, OR AN OFFICER OR
EMPLOYEE MAY BE SUSPENDED PENDING AN INVESTIGATION
FOR VIOLATION OF CIVIL SERVICE RULES AND REGULATION.
SUBSTANTIVE DUE PROCESS.

VIEWED IN ITS SUBSTANTIVE ASPECT, DUE PROCESS OF LAW

REQUIRES THAT THE LAW IN QUESTION AFFECTING LIFE,
LIBERTY, OR PROPERTY BE A VALID LAW, I.E., WITHIN THE
POWER OF THE LAW-MAKING BODY TO ENACT AND IS
REASONABLE IN ITS OPERATION. EX. TAKING OF PROPERTY
FOR PRIVATE USE OR WITHOUT PAYMENT OF JUST
COMPENSATION OFFENDS SUBSTANTIVE DUE PROCESS.
MEANING OF LIFE- LIFE, AS PROTECTED BY DUE PROCESS OF LAW,
MEANS SOMETHING MORE THAN MERE ANIMAL EXISTENCE. THE
PROHIBITION AGAINST ITS DEPRIVATION WITHOUT DUE PROCESS
EXTENDS TO ALL THE LIMBS AND FACULTIES BY WHICH LIFE IS ENJOYED.
MEANING OF LIBERTY- LIBERTY, AS PROTECTED BY DUE PROCESS OF LAW,
DENOTES NOT MERELY FREEDOM FROM PHYSICAL RESTRAINT E.G.
IMPRISONMENT. IT ALSO EMBRACES THE RIGHT OF MAN TO USE HIS
FACULTIES WITH WHICH HE HAS BEEN ENDOWED BY HIS CREATOR
SUBJECT ONLY TO THE LIMITATION THAT HE DOES NOT VIOLATE THE
LAW OR THE RIGHTS OF OTHERS.
MEANING OF PROPERTY- PROPERTY, AS PROTECTED BY DUE PROCESS OF
LAW, MAY REFER TO THE THING ITSELF OR TO THE RIGHT OVER A
THING. IT INCLUDES THE RIGHT TO OWN, USE, TRANSMIT AND EVEN TO
DESTROY, SUBJECT TO THE RIGHT OF THE STATE AND OF OTHER
PERSONS.
MEANING OF EQUAL PROTECTION OF THE LAWS.

EQUAL PROTECTION OF THE LAWS SIGNIFIES THAT “ALL

PERSONS SUBJECT TO LEGISLATION SHOULD BE TREATED
ALIKE, UNDER LIKE CIRCUMSTANCE AND CONDITIONS BOTH
IN THE PRIVILEGES CONFERRED AND LIABILITIES IMPOSED.”
WHAT IT PROHIBITS IS CLASS LEGISLATION, WHICH
DISCRIMINATES AGAINST SOME AND FAVORS OTHERS WHEN
BOTH ARE SIMILARLY SITUATED OR CIRCUMSTANCED.
 SECTION 2. THE RIGHT OF THE PEOPLE TO BE SECURE IN
THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS AGAINST
UNREASONABLE SEARCHES AND SEIZURES OF WHATEVER
NATURE AND FOR ANY PURPOSE SHALL BE INVIOLABLE,
AND NO SEARCH WARRANT OF ARREST SHALL ISSUE
EXCEPT UPON PROBABLE CAUSE TO BE DETERMINED
PERSONALLY BY THE JUDGE AFTER EXAMINATION UNDER
OATH OR AFFIRMATION OF THE COMPLAINANT AND THE
WITNESSES HE MAY PRODUCE, AND PARTICULARLY
DESCRIBING THE PLACE TO BE SEARCHED AND THE
PERSONS OR THINGS TO BE SEIZED.
MEANING OF SEARCH WARRANT AND WARRANT OF ARREST

(1) A SEARCH WARRANT IS AN ORDER IN WRITING , ISSUED

IN THE NAME OF THE PEOPLE OF THE PHILIPPINES,
SIGNED BY A JUDGE AND DIRECTED TO A PEACE
OFFICER, COMMANDING HIM TO SEARCH FOR CERTAIN
PERSONAL PROPERTY AND BRING IT BEFORE THE COURT.
(2) IF THE COMMAND IS TO ARREST A PERSON DESIGNATED,
I.E., TO TAKE HIM INTO CUSTODY IN ORDER THAT HE MAY
BOUND TO ANSWER FOR THE COMMISSION OF AN
OFFENSE, THE WRITTEN ORDER IS CALLED WARRANT OF
ARREST.
 SCOPE OF THE PROTECTION.

(1) PERSONS.- THE PROTECTION APPLIES TO EVERYBODY, TO

CITIZENS AS WELL AS ALIENS IN THE PHILIPPINES, WHETHER
ACCUSED OF CRIME OR NOT. CORPORATIONS ARE ALSO
ENTITLED TO THE PROTECTION.
(2) HOUSES.- THE PROTECTION IS NOT LIMITED TO DWELLING
HOUSES BUT EXTENDS TO A GARAGE, WAREHOUSE, SHOP,
STORE, OFFICE , AND EVEN A SAFETY DEPOSIT VAULT. IT DOES
NOT EXTEND, HOWEVER, TO THE OPEN SPACES AND FIELDS
BELONGING TO ONE.
(3) PAPERS AND EFFECT.- THEY INCLUDE SEALED LETTERS AND
PACKAGES IN THE MAIL WHICH MAY BE OPENED AND
EXAMINED ONLY IN PURSUANCE OF A VALID SEARCH
WARRANT.
 WHAT CONSTITUTES A REASONABLE OR UNREASONABLE
SEARCH OR SEIZURE IN ANY PARTICULAR CASE IS A PURELY
JUDICIAL QUESTION (I.E., ONLY COURTS ARE EMPOWERED
TO RULE UPON), DETERMINABLE FROM A CONSIDERATION
OF THE CIRCUMSRTANCES INVOLVED.
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT OF ARREST

THEY ARE:
(1) IT MUST BE ISSUED UPON PROBABLE CAUSE;
(2) THE PROBABLE CAUSE MUST BE DETERMINED PERSONALLY BY
THE JUDGE HIMSELF,
(3) SUCH DETERMINATION OF THE EXISTENCE OF PROBABLE
CAUSE MUST BE MADE AFTER EXAMINATION BY THE JUDGE OF
THE COMPLAINANT AND THE WITNESSES HE MAY PRODUCE;
AND
(4) THE WARRANT MUST PARTICULARLY DESCRIBE THE PLACE TO
BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED
THE LAW PROHIBITS THE ISSUANCE OF A SEARCH WARRANT
FOR MORE THAN ONE SPECIFIC OFFENSE.
 MEANING OF PROBABLE CAUSE.

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.
IT PRESUPPOSES THE INTRODUCTION OF COMPETENT PROOF THAT
THE PARTY AGAINST WHOM A WARRANT IS SOUGHT TO BE
ISSUED HAS PERFORMED PARTICULAR ACTS, OR COMMITTED
SPECIFIC OMISSIONS, VIOLATING A GIVEN PROVISION OF OUR
CRIMINAL LAWS.
WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

IN THE FOLLOWING INSTANCES:

(1) WHERE THERE IS CONSENT OR WAIVER,
(2) WHERE SEARCH IS AN INCIDENT TO A LAWFUL ARREST,
(3) IN THE CASE OF CONTRABAND OR FORFEITED GOODS BEING
TRANSPORTED BY SHIP AUTOMOBILE, OR OTHER VEHICLE,
WHERE THE OFFICER MAKING IT HAS REASONABLE CAUSE FOR
BELIEVING THAT THE LATTER CONTAINS THEM, IN VIEW OF THE
DIFFICULTY ATTENDANT TO SECURING A SEARCH WARRANT,
(4) WHERE, WITHOUT A SEARCH, THE POSSESSION OF ARTICLES
PROHIBITED BY LAW IS DISCLOSED TO PLAIN VIEW OR IS OPEN
TO EYE AND HAND
(5) AS AN INCIDENT OF INSPECTION, SUPERVISION AND
REGULATION IN THE EXERCISE OF POLICE POWER SUCH AS
INSPECTION OF RESTAURANTS BY HEALTH OFFICERS, OF
FACTORIES BY LABOR INSPECTORS, ETC. THE SAME THING MAY BE
SAID OF INSPECTION OF BOOKS OF ACCOUNTS BY REVENUE
EXAMINERS, AND
(6) ROUTINARY SEARCHES USUALLY MADE AT THE BORDER OR AT
PORTS OF ENTRY IN THE INTEREST OF NATIONAL SECURITY AND
FOR THE PROPER ENFORCEMENT OF CUSTOMS AND IMMIGRATION
LAWS.
 WHEN ARREST MAY BE MADE WITHOUT WARRANT.

A PEACE OFFICER OR PRIVATE PERSON MAY, WITHOUT A

WARRANT, ARREST A PERSON:
(1) WHEN, IN HIS PRESENCE, THE PERSON TO BE ARRESTED HAS
COMMITTED, IS ACTUALLY COMMITTING, OR IS ATTEMPTING
TO COMMIT AN OFFENSE;
(2) WHEN AN OFFENSE HAS IN FACT JUST BEEN COMMITTED AND
HE HAS PERSONAL KNOWLEDGE OF FACTS INDICATING THAT
THE PERSON TO BE ARRESTED HAS COMMITTED IT ; AND
(3) WHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO HAS
ESCAPED FROM A PENAL ESTABLISHMENT OR PLACE WHERE HE
IS SERVING FINAL JUDGMENT OR TEMPORARILY CONFINED
WHILE HIS CASE IS PENDING, OR HAS ESCAPED WHILE BEING
TRANSFERRED FROM ONE CONFINEMENT TO ANOTHER.
SECTION 3. (1) THE PRIVACY OF COMMUNICATION
AND CORRESPONDENCE SHALL BE INVIOLABLE
EXCEPT UPON LAWFUL ORDER OF THE COURT, OR
WHEN PUBLIC SAFETY OR ORDER RERQUIRES
OTHERWISE AS PRESCRIBED BY LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF
THIS OR THE PRECEDING SECTION SHALL BE
INADMISSIBLE FOR ANY PURPOSE IN ANY
PROCEEDING.
SECTION 3.
• 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.
• ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING
SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY
PROCEEDING.
 RIGHT TO PRIVACY

• THE RIGHT TO 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 LIVE WITHOUT UNWARRANTED INTERFERENCE BY THE PUBLIC
IN MATTERS WITH WHICH THE PUBLIC IS NOT NECESSARILY
CONCERNED.
 LIMITATIONS

1. PERMISSIBLE INTERFERENCE
• UPON LAWFUL ORDER OF THE COURT;
• WHEN PUBLIC SAFETY OR ORDER REQUIRES OTHERWISE AS PRESCRIBED
BY LAW.

2. INTERVENTION OF THE COURT

SUBJECT TO THE POLICE POWER OF THE STATE.
• 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.
• 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.
 IT IS NOT ABSOLUTE

1. SUBJECT TO REGULATION BY THE STATE;

2. SUBJECT TO THE LIABILITY WHEN ABUSED.
 TEST

• CLEAR AND PRESENT DANGER RULE

 RELIGIOUS FREEDOM

• THE RIGHT OF A MAN TO WORSHIP GOD, AND TO ENTERTAIN SUCH

RELIGIOUS VIEWS AS APPEAL TO HIS INDIVIDUAL CONSCIENCE,
WITHOUT DICTATION OR INTERFERENCE BY ANY PERSON OR POWER,
CIVIL OR ECCLESIASTICAL.
• 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.
• 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 8. THE RIGHT OF THE PEOPLE, INCLUDING THOSE EMPLOYED IN
THE PUBLIC AND PRIVATE SECTORS, TO FORM UNIONS, ASSOCIATIONS,
OR SOCIETIES FOR PURPOSES NOT CONTRARY TO LAW SHALL NOT BE
ABRIDGED.
• SECTION 9.
PRIVATE PROPERTY SHALL NOT BE
TAKEN FOR PUBLIC USE WITHOUT
JUST COMPENSATION.
 EMINENT DOMAIN

• IT 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

• IT HAS BEEN DEFINED 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 OF THE PEOPLE.
 TAXATION

• THE POWER OF TAXATION PROCEEDS WITH THE THEORY THAT THE

EXISTENCE OF THE GOVERNMENT IS A NECESSITY, THAT IT CANNOT
CONTINUE WITHOUT MEANS TO PAY ITS EXPENSES, AND THAT FOR
THESE MEANS IT HAS A RIGHT TO COMPEL ALL ITS CITIZENS AND
PROPERTY WITHIN ITS LIMITS TO CONTRIBUTE.
• SECTION 10. NO LAW IMPAIRING THE
OBLIGATION OF CONTRACTS SHALL BE
PASSED.
• SECTION 11. FREE ACCESS TO THE COURTS
AND QUASI-JUDICIAL BODIES AND ADEQUATE
LEGAL ASSISTANCE SHALL NOT BE DENIED TO
ANY PERSON BY REASON OF POVERTY
SECTION 12.
• 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.
• NO TORTURE, FORCE, VIOLENCE, THREAT, INTIMIDATION, OR ANY OTHER MEANS WHICH
VITIATE THE FREE WILL SHALL BE USED AGAINST HIM. SECRET DETENTION PLACES, SOLITARY,
INCOMMUNICADO, OR OTHER SIMILAR FORMS OF DETENTION ARE PROHIBITED.
• ANY CONFESSION OR ADMISSION OBTAINED IN VIOLATION OF THIS OR SECTION 17
HEREOF SHALL BE INADMISSIBLE IN EVIDENCE AGAINST HIM.
• THE LAW SHALL PROVIDE FOR PENAL AND CIVIL SANCTIONS FOR VIOLATIONS OF THIS
SECTION AS WELL AS COMPENSATION TO THE REHABILITATION OF VICTIMS OF TORTURE OR
SIMILAR PRACTICES, AND THEIR FAMILIES.
 RIGHTS OF PERSON UNDER
INVESTIGATION
• ANY PERSON UNDER CRIMINAL INVESTIGATION FOR THE COMMISSION OF AN
OFFENSE SHALL HAVE THE RIGHT:
1. TO BE INFORMED OF HIS RIGHT TO REMAIN SILENT;
2. TO HAVE COMPETENT AND INDEPENDENT COUNSEL PREFERABLY OF HIS OWN
CHOICE OR TO BE PROVIDED WITH ONE;
3. AGAINST THE USE OF TORTURE, FORCE, VIOLENCE, THREAT, INTIMIDATION, OR
ANY OTHER MEANS WHICH VITIATES THE FREE WILL; AND
4. AGAINST BEING HELD IN SECRET, SOLITARY, INCOMMUNICADO, OR OTHER
SIMILAR FORMS OF DETENTION.
 WHEN RIGHTS CAN BE INVOKED

•THE MOMENT AN ARREST OR

DETENTION, WITH OR
WITHOUT A WARRANT, IS
MADE.
• 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.
• SECTION 14.
(1) NO PERSON SHALL BE HELD TO ANSWER FOR A CRIMINAL
OFFENSE WITHOUT DUE PROCESS OF LAW.
(2) IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE
PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED, AND SHALL
ENJOY THE RIGHT TO BE HEARD BY HIMSELF AND COUNSEL, TO BE
INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION
AGAINST HIM, TO HAVE A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL, TO
MEET THE WITNESSES FACE TO FACE, AND TO HAVE COMPULSORY
PROCESS TO SECURE THE ATTENDANCE OF WITNESSES AND THE
PRODUCTION OF EVIDENCE IN HIS BEHALF. HOWEVER, AFTER
ARRAIGNMENT, TRIAL MAY PROCEED NOTWITHSTANDING THE
ABSENCE OF THE ACCUSED PROVIDED THAT HE HAS BEEN DULY
NOTIFIED AND HIS FAILURE TO APPEAR IS UNJUSTIFIABLE.
 “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.
• EXCESSIVE BAIL IS PROHIBITED
 RIGHT TO DUE PROCESS OF LAW

• DUE PROCESS IN ITS PROCEDURAL ASPECT

• OBSERVANCE OF FUNDAMENTAL FAIRNESS
• PRESUMPTION OF INNOCENCE;
• RIGHT TO BE HEARD BY HIMSELF AND
COUNSEL;
• RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF THE ACCUSATION AGAINST HIM;
• RIGHT TO HAVE A SPEEDY, IMPARTIAL, AND
PUBLIC TRIAL; AND
• RIGHT TO COMPULSORY PRODUCTION OF
WITNESSES AND EVIDENCE.
• 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.
• SECTION 16. ALL PERSONS SHALL HAVE THE RIGHT TO A SPEEDY
DISPOSITION OF THEIR CASES BEFORE ALL JUDICIAL, QUASI-JUDICIAL,
OR ADMINISTRATIVE BODIES.
• SECTION 17. NO PERSON SHALL BE COMPELLED TO BE A WITNESS
AGAINST HIMSELF.
• 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.
• SECTION 19.
(1) EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR CRUEL, DEGRADING OR INHUMAN
PUNISHMENT INFLICTED. NEITHER SHALL DEATH PENALTY BE IMPOSED, UNLESS, FOR
COMPELLING REASONS INVOLVING HEINOUS CRIMES, THE CONGRESS HEREAFTER
PROVIDES FOR IT. ANY DEATH PENALTY ALREADY IMPOSED SHALL BE REDUCED TO
RECLUSION PERPETUA.
(2) THE EMPLOYMENT OF PHYSICAL, PSYCHOLOGICAL, OR DEGRADING PUNISHMENT
AGAINST ANY PRISONER OR DETAINEE OR THE USE OF SUBSTANDARD OR INADEQUATE
PENAL FACILITIES UNDER SUBHUMAN CONDITIONS SHALL BE DEALT WITH BY LAW.
• SECTION 20.
NO PERSON SHALL BE IMPRISONED FOR DEBT OR NON-PAYMENT OF A POLL TAX.
• 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.
 RIGHT AGAINST DOUBLE JEOPARDY

• 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 OF IDENTICAL
OFFENSE.
• SECTION 22. NO EX POST FACTO LAW OR
BILL OF ATTAINDER SHALL BE ENACTED.