ARTICLE IIIBill of Rights

*Composed of 22 sections• Protection against abuse of power and limits the vast

powers of the government• Directed against the State and does not govern the

relationship between private persons.• Rights are not absolute, meaning, they have

limitations in their exercise.

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”?• According to Daniel Webster, it is a “law which hears before it condemns;

which proceeds upon enquiry, and renders judgment only after trial”.• It contemplates notice and opportunity to be heard before judgment is

rendered.

Life, liberty or property

• The Constitution gives to property the same degree and quality of protection that it gives to life and liberty.

• “You take my life, when you do take the means whereby I live.”- SHYLOCK

• One’s employment, profession or trade is a protected property.

Limitation of the right

Life: when the law imposes the death penaltyLiberty: imprisonment of convicted criminalsProperty: when the power of eminent domain is exercised by the government

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.

What is a search warrant and a warrant of arrest?

SEARCH WARRANT

• Issued only by a judge• Issued upon probable cause• Expires in 10 days• It must particularly describe the

place to be searched and the things to be seized

• Must be issued for only 1 offense

WARRANT OF ARREST

*Issued only by a judge*Issued upon probable cause• Does not expire unless the person

named in the warrant is actually arrested or put into the custody of the law

• It must name the person and/or describe him with particularity

ARREST OF AN ACCUSED

Search Warrant defined

• 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 a certain personal property and bring it before the court.

Warrant of arrest defined

• A written order to arrest a person designated in order that he may be bound to answer for the commission of an offense or crime.

Probable Cause, meaning

• It 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.

ASSIGNMENT TO BE SUBMITTED NEXT MEETING:

• 1. When can an arrest be made without a valid warrant of arrest?

• 2. When can search and seizure be made without a search warrant?

Limitation of the right under sec.2.

• Valid warrant of arrest or search warrant and their exceptions.

Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires

otherwise as prescribed by law.(2) Any evidence obtained in violation of this or the preceding section shall be

inadmissible for any purpose in any proceeding.

• The right to privacy is the right to be left alone.• Correspondence- the activity of writing letters or e-mails to

someone (exchange of letters)• It is a right designed to secure enjoyment of one’s private life.• R.A. 4200 “Anti Wire-tapping Act ”penalizes wire-tapping and

other violations of the privacy of communications.

Evidence illegally obtained

• 1. Inadmissible- it cannot be used in any court of law or any proceedings, judicial or administrative.

• 2. Reason- practical way of enforcing this constitutional guarantee. Payment of damages is not sufficient protection against violation of the bill of rights

• 3. Right of owner- evidence inadmissible, therefore, the owner has the right to recover the articles seized or that they be returned except if the said items are illegal per se like prohibited drugs and unlicensed firearms.

Sec. 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.

• Coverage:• 1. free speech• 2. free press(every sort of publication:

newspapers, periodicals, magazines, books, leaflets and may also include radio and television.

• 3. rights of assembly• 4. right of petition- redress of grievances to the

government or any of its branch

Sec. 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of

religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil

or political right.

• RELIGIOUS FREEDOM• -is the right of a man to worship God.• RELIGION• -includes all forms of belief in the existence of superior beings

exercising power over human beings• LIMITATION OF THE RIGHT: the exercise of religion must not be

contrary to law like healing through prayer and religious rites for commercial purposes.

Some of existing religions in the Philippines

1. Catholic2.Iglesia ni Cristo (INC)3. Seventh-Day Adventist Church (Sabadista)4. Philippine Independent Church 5. Jehovah’s Witnesses6. Protestantism And many more……

Religious Test Prohibited

A religious test is one demanding the avowal or repudiation of certain religious beliefs before the performance of any act. Therefore, religious affiliation cannot be a qualification of public officials or of voters. Religion cannot be a qualification for securing a particular job.

Sec. 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.

The liberty of abode (residence) and travel is the right of a person to have his home in whatever place chosen by him and thereafter change it at will, and to go where he pleases, without interference from any source.Limitation: when there is a court order stopping you from leaving the country or in the interest of national security, public safety or public health.

Sec. 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.

• Known as the people’s “right to information” and go hand in hand with Art. II sec. 28. which mandates policies of full public disclosure by the State of all its transactions involving public interest.

• Limitation: confidential records involving national security and those declared by law as confidential records like income tax returns under our tax laws and certain army records.

Sec. 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.

The “right to form associations” is the freedom to organize or be a member of any group or association, union, or society, and to adopt rules which the members judge most appropriate to achieve their purpose.The right to join an association includes the right to leave the same and the right not to join any group.

Limitation: “purposes not contrary to law”

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

• 3 Essential or Inherent Powers of the Government:

1. Power of eminent domain(Sec.9, ART.III)2. Police Power3. Power of Taxation-they are all legislative in character, meaning, laws must be passed to exercise these powers- There can be no effective government without them

Power of 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 (1)public use upon (2) paying the owner a just compensation to be ascertained according to law.

• Public use - means that it will be used for “public benefit” or that it is a “public utility”.

• Payment of just compensation- Under the Local Government Code, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property. The government will have an assessor to determine the value of the private property.

• Expropriation Proceedings- a court process wherein the owner is given due notice and hearing

POLICE POWER• It has been referred to as the power of the State to enact such laws or

regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people.

LATIN MAXIM AS ITS BASIS“Salus populi suprema est lex”- the welfare of the people is the supreme law

Examples of police power laws:1. Public health- regulation of the medical profession; segregation of lepers; maternity leave for women

..

• 2. Public Morals- laws punishing vagrancy and prostitution; prohibiting gambling

• 3. Public safety- license for the rigjht to drive a motor vehicle; requiring compulsory military service; demolition of buildings declared to be a fire hazard

• 4. General welfare and convenience- compulsory registration of lands; authorizing removal of billboards offensive to sight; regulating prices of commodities and rents of houses

Power of Taxation

• It is the power of the State to impose a charge or burden upon person, property, or property rights, for the use and support of the government and to enable it to discharge its functions.

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

• Obligation of contract is the law or duty which binds the parties to perform their agreement according to its terms or intent, if the agreement is contrary to law, morals, good customs, public order or public policy.

• Example of a law which impairs the obligation of contracts:• A law increasing or decreasing the rate of interest for the loan

of money cannot apply retroactively to loans contracted before its enactment, otherwise, impairment will result.

Sec. 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.

• It may not be sufficient to just grant the rights of a pauper (like exemption from payment of court fees) to poor litigants. The State has the constitutional duty to provide free and adequate legal assistance to very poor citizens.

• R.A. 6033 “An Act Requiring Courts to Give Preference to Criminal Cases Where the Party or Parties Involved are Indigents”

• Indigent- refers to a person who has no visible means of income or whose income is insufficient for the subsistence of his family

Sec. 12. (1) Any person under investigation for the commission of an offense shall 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.

• At the time a person is arrested, it shall be the duty of the arresting officer to inform him of the reason for the arrest and he must be shown the warrant of arrest, if any. He shall be informed of his constitutional rights to remain silent and to counsel, and that any statement he might make could be used against him. The person arrested shall have the right to communicate with his lawyer, a relative, or anyone he chooses by the most expedient means---by telephone if possible---or by a letter or messenger. It shall be the responsibility of the arresting officer to see to it that this is accomplished (MIRANDA DOCTRINE). No custodial investigation shall be conducted unless it be in the presence of counsel engaged by the person arrested, by any person on his behalf, or appointed by the court upon petition by either the detainee himself or by anyone on his behalf.

• THE RIGHT TO COUNSEL MAY BE WAIVED BUT THE WAIVER SHALL NOT BE VALID UNLESS MADE WITH THE ASSISTANCE OF COUNSEL.

• Any statement obtained in violation of the procedure herein laid down, whether exculpatory or inculpatory, in whole or in part shall be inadmissible in evidence.

(2) NO TORTURE, VIOLENCE, THREAT, INTIMIDATION OR ANY OTHER MEANS WHICH VITIATE THE FREE WILL SHALL BE USED

AGAINST HIM. SECRET DETENTION PLACES, INCOMMUNICADO, OR OTHER SIMILAR FORMS OF DETENTION ARE PROHIBITED.

• Incommunicado- not able to communicate with other people(3) Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him.(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Sec. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be

provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be

required.

• Bail- is the security required by a court and given for the temporary or provisional release of a person who is under the custody of the law conditioned upon his appearance before any court as required under the conditions specified.

• Kinds of bail:a. Cashb. Propertyc. Suretyd. Recognizance

Sec. 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 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 he has

been duly notified and his failure to appear is unjustifiable.

• Subpoena- order to a person to testify in court• Subpoena duces tecum- order of a court for a person to

produce documents, articles or other evidence and bring it before the court

Sec. 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.

• WRIT OF HABEAS CORPUS• - is an order by a court of competent

jurisdiction, directed to a 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.

How does the writ of habeas corpus operate to safeguard the liberty of a

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

Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative

bodies.

• “Justice delayed is justice denied.”• Judicial bodies- courts• Quasi-judicial bodies- executive agencies performing

adjudicatory functions similar to that of courts like the National Labor Relations Commission and the Securities and Exchange Commission

• Administrative bodies- executive agencies performing limited adjudicatory functions such as the bureaus under different departments

Sec. 17. No person shall be compelled to be a witness against himself.

• Right to silence- failure or refusal to testify may not be used as a presumption of guilt or taken as evidence against him

• Compulsory testimonial self-incrimination-the constitutional guarantee that no person shall be compelled to be a witness against himself is limited to prohibition against compulsory self-incrimination—extricating from defendant’s own lips, against his will, an admission if his guilt

Sec. 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 of a crime whereof the party shall have been duly convicted.

• INCARCERATION WITHOUT CHARGES OF “POLITICAL PRISONERS”- Upon the declaration of Martial Law on Sept. 21, 1972 under Proclamation No. 1081 of former President Marcos, the military establishment carried out a nationwide arrest and detention of known political opponents and critics of the administration. Thousands of people were arrested and jailed during the whole period of martial rule for attacking certain acts and policies of the President or criticizing his administration or his family. Many remained in custody for years without charges and they came to be known as “political prisoners or detainees”.

What is involuntary servitude?

• -denotes a condition of enforced, compulsory service of one to another including:

a. SLAVERY- or the state of entire subjection of 1 person to the will of another

b. PEONAGE- or the voluntary submission of a person (peon or a debtor held in servitude by his creditor)

Exception:

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 thereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

What is the status of the death penalty in the Philippines right now?

• It has been abolished or prohibited by R.A. 9346(June 24, 2006) and all death penalty already imposed has been automatically reduced to reclusion perpetua.

What is a “heinous” crime which will be a reason to revive the death penalty if Congress passes a law to that effect?

• A very bad or evil act deserving of hate or a feeling that someone is not worthy of any respect or approval. Example: treason, murder, parricide, infanticide, kidnapping and serious illegal detention, rape, plunder, use, manufacture and sale of illegal drugs, carnapping, illegal recruitment etc..

Is there a chance that the death penalty be imposed again?

• There is a very little chance because the world trend is to abolish the imposition of the death penalty because studies have shown that it is not a crime-deterrent. It means that people still commit heinous crime even if death penalty is imposed.

• In Dec. 2012, 111 countries or more than half of the world’s countries voted in favor of a United Nations resolution that would declare that there would be no more executions globally.

• If ever Congress eventually pass a law to impose the death penalty again, it can only have prospective application.

Top 5 Countries with the most executions:

1. CHINA2. IRAN3. IRAQ4. SAUDI ARABIA5. USAMethod of execution: electric chair, firing squad, hanging, lethal injection, beheading but Saudi Arabia has executed 1 man by “crucifixion”.China keeps its execution numbers secret but it is estimated that thousands were killed in 2011.

How many countries impose and carry out the death penalty?

• Of more or less 200 countries in the world, only 21 countries still impose the death penalty and the Philippines have no executions since 1999.

(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.

• Prohibited punishments:• Burning alive• Mutilation• Starvation• Drowning and other barbarous punishment• Hanging• electrocution

Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.

• One should not be punished on account of his poverty.• A person may be imprisoned for failure to pay tax as it is not a

debt.• Poll tax or personal or capitation tax- cedula

Sec. 21. No person shall be put twice 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• -this guarantee protects against the dangers of a second

punishment as well as second trial for the same offense.

Sec. 22. No ex post facto law or bill of attainder shall be enacted.

• “Ex post facto” laws:a. One which makes an action done before the passing of the law

and which was innocent when done criminal and punishes such action; or

b. One which aggravates a crime or makes it greater than when it was committed; or

c. Which changes the punishment and inflicts greater punishment than the law annexed to the crime when it was committed;

d. One which alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the defendant.

Bill of Attainder

• Is a legislative act which inflicts punishment without judicial trial.

• End of Article III