BILL OF RIGHTS

Article III, 1987 Philippine Constitution

ATTY. GILBERT R. HUFANA

Public Attorney II
Public Attorney’s Office
 BILL OF RIGHTS
• 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
• found in Article III of the 1987 Philippine
Constitution
 Classes of Rights
• NATURAL RIGHTS
– possessed by every citizen without being granted by the
State for they are given to man by God as a human being
– Ex. Right to Life and Right to Love
• CONSTITUTIONAL RIGHTS
– rights which are conferred and protected by the Constitution
– Ex. Right to Freedom of Speech, of Expression & of the Press
• STATUTORY RIGHTS
– 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
Classes of Constitutional Rights
• Political Rights
• Civil Rights
• Social & Economic Rights
 Political Rights
• 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
 Civil Rights
• 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 or of expression
• Includes the Right of the Accused - 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
 Social & Economic Right
• rights 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
Article III, 1987 Philippine Constitution

CONSTITUTIONAL RIGHTS
Right to Life, Liberty & Property
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.
• 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.
 Due Process?
1. Procedural due process
• a procedure “which hears before it condemn,
which proceed s upon inquiry, and renders
judgment only after trial”
2. Substantial due process
• 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.
 Equal Protection of the Law
• …all persons under like circumstances and
conditions both in the privileges conferred and
liabilities imposed should be treated alike
• What it prohibits is class legislation, which
discriminates against some and favors others
when both are similarly situated or
circumstanced.
 Right to be Secure…
• 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 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.
 Probable Cause
• such facts and circumstances sufficient to
induce a cautious man to believe that a
crime might have been committed
 Warrants
• SEARCH WARRANT
– an order in writing issued by the court
commanding a peace officer to search for
certain personal property.
• WARRANT OF ARREST
– an order in writing issued by the court
commanding a peace officer to arrest a
person.
Instances when Search may be
made without a Warrant
1. There is a consent or waiver
2. Search is incidental to a lawful arrest
3. When forfeited goods are being transported by
powerful ship or other automobiles
4. Plain View Doctrine
5. Inspection is in the exercise of Police Power
6. Searches made at the border or at the ports of
entry
 When Arrest may be made
without Warrant
1. When, in the presence of the arresting officer,
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 the arresting officer has
personal knowledge of the facts.

3. When the person to be arrested is an escapee.

 Right to Privacy
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
proceeding.
 Right to Freedom of Speech
• 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.
EXCEPTION: CLEAR & PRESENT DANGER RULE
- abridgment of the liberty can be justified only
where there exists substantial danger that the
speech will likely lead to an evil which the
government has the right to prevent.
 Right to Religious Belief
• 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.
 Right to Abode & Travel
• 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.
 Right to Information
• 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.
 Right to Form Association
• 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.
 Right to Just Compensation
• SECTION 9. Private property shall not be
taken for public use without just
compensation.

EMINENT DOMAIN
• power to take private property for public use
upon payment of just compensation
• rest upon necessity for public use
 Right to Non-Impairment of
Contracts
• SECTION 10. No law impairing the obligation
of contracts shall be passed.
Obligation of a Contract - is the law which binds
the parties to perform their agreement according
to its terms provided it is not contrary to law,
morals, good customs, public order or public
policy.
Purpose of non-impairment - is to protect the
creditors, to assure fulfillment of lawful promises.
Business problems would arise if contracts are
not stable and binding.
Article III, Sections 11-22, 1987 Philippine Constitution

RIGHTS OF THE ACCUSED

 Reasons why the Accused
has Rights
• Every criminal case is a contest between an individual
and the government, thus, an unequal contest because
the parties are of unequal strength. To remedy the
imbalance, the Constitution gives the accused several
rights.
• A man, accused of having committed a crime, may
lose his job or ruin his life, and therefore, he needs all
possible opportunities to establish his innocence.
• The purpose is to assure that truth will be discovered
and that justice will be done. Under the Constitution,
the acquittal of the innocent is given preference than
conviction of the criminal.
 Right to Free Access to
Courts
• 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.
 Right to Counsel
• SECTION 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.
 Right against Torture, Force
Violence or Intimidation
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the
free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained
in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
 Right to Bail
• 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.
Right to be Presumed Innocent
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.
 Habeas Corpus
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.
Meaning of “WRIT OF HABEAS CORPUS”
a court order directing a person detaining
another, commanding him to produce the body
of the prisoner and show sufficient cause for
holding in custody the person detained.
Purpose: to inquire the manner of restraint or
detention and to relieve the person if such
restraint is illegal.
 Right to Speedy Trial
• SECTION 16. All persons shall have the right to
a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
 Right against Self-
Incrimination
• SECTION 17. No person shall be compelled
to be a witness against himself.
• what is being protected here is the so called
TESTIMONIAL SELF-INCRIMINATION only
which means getting the evidence or testimony
from the accused’ own lips or from the accused’
handwriting.
 Right against Detention by
reason of Political Beliefs
• SECTION 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.

Right against Involuntary

Servitude
(2) No involuntary servitude in any from shall
exist except as punishment for a crime
whereof the party shall have been duly
convicted.
 Right against Inhuman
Punishment
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted.
Neither shall the 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.
 Right against Imprisonment
by reason of Debt
• SECTION 20. No person shall be imprisoned
for debt or non-payment of a poll tax.
 Right against Double
Jeopardy
• 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 Ex Post Facto
Law
• SECTION 22. No ex post facto law or bill of
attainder shall be enacted.
“EX POST FACTO LAW”
one which, operating retrospectively, deprives
the accused of some protection or defense
previously available, to their disadvantage.
“BILL OF ATTAINDER”
inflicts punishment without judicial trial, thus, a
violation of due process of law.
END OF LECTURE