BILL OF RIGHTS Bill of Rights provide for two things: first, restrictions

directed against the state, and, second, explicit

PRELIMINARIES identification and limitation of rights of the individuals.
On the one hand, the government exercises its
Government Power vs. Individual Freedom
tremendous powers, but its powers are limited by the
1. Among the changes brought about by the Period of Constitution. On the other hand, the individuals are
Enlightenment was the shift of power from the crown guaranteed of their rights, but subject also to
to the individual. The long reign of monarchs came to limitations in recognition of the powers of the
an end, and the rule of the people became the government. What balances the two (power and
standard. The government, while still the repository of freedom) are the limitations provided by the
power, was limited to its role as the protector of the Constitution, which limitations are by nature
people and the guardian of rights. Liberalism, which compromises or solutions to situations resulting from
took its cue from individualism, advocated the principle the overlapping or conflict of the two realms. For
of egalitarianism, in which men, regardless of their example, while the government has the inherent
status in life, are regarded as equals in terms of rights authority to take and convert a property for public use,
before the law. Modern democracies are founded on and the people on the other have the right to hold their
these liberal ideals, in that the heart of democratic private property, the Constitution, contemplating a case
objectives is the protection of human dignity and of overlap or conflict between the two, compromises
respect for human rights. both by prescribing that the government gives just
compensation to the private owner who in turn must
2. Nonetheless, the government remains to be a surrender his property.
powerful institution, capable of summoning the
military, evoking its past image as the uncontestable Meaning of the Bill of Rights
holder of sovereignty. In fact, republicanism essentially
1. From the foregoing, it is not difficult to understand
requires delegation of powers to the government; that
that the Bill of Rights refers to the declaration and
although the people remain to be the sovereign, actual
enumeration of the fundamental civil and political rights
exercise of it is given to the government. Protection and
of a person with the primary purpose of safeguarding
service of the people is the primal duty of the
the person from violations by the government, as well
government, but be that as it may, the government is
as by individuals and group of individuals. It includes the
still the single biggest institution that exercises
protection of the following rights:
sovereign powers.
(a) Civil rights or those rights belonging to individuals by
3. More so, it possesses the “inherent powers” which
virtue of their citizenship, such as freedom to contract,
the Constitution itself does not confer. Every
right to property, and marriage among others;
government for it to exist exercises “police power,”
“power of eminent domain,” and “power of taxation.” A (b) Political rights which are rights pertaining to the
constitution does not grant such powers to the citizenship of the individual vis-à-vis the administration
government; a constitution can only define and delimit of the government, such as right of suffrage right to
them and allocate their exercise among various hold office, and right to petition for redress of wrong;
government agencies. These are awesome powers,
which, if left uncheck, may seriously restrict and (c) Socio-economic rights or those which ensure the
jeopardize the freedom of individuals. Thus, it is inbuilt well-being and economic security of an individual; and
in every democratic constitution to meticulously include
provisions guaranteeing the rights of the individuals and (d) Rights of the accused which refer to protections
those restricting the powers of the government. This is given to the person of an accused in any criminal case.
to prevent the tragedy that the government created by
2. It must be noted that the restriction provided in the
the people will in turn be the instrument to enslave and
Bill of Rights is directed against the government, so that
abuse them.
it does not govern private relations. As far as the
4. The Bill of Rights (Article III) is an indispensable part Constitution is concerned, Article III can be invoked only
of the Constitution. In fact, it is one of the most against the government. Nonetheless, with the
important parts of the fundamental law since it aims at inclusion of almost all the constitutional rights in Article
balancing the power of the government and the various 32 of the Civil Code, the same may now be invoked in
freedoms of the individual. As will be seen below, the civil cases involving relations between private persons.
Thus, the definition above indicates that the bill of they may evolve in a protected right if much is invested
rights is a safeguard not just against the abuses of the in them as means of livelihood. Public office is not also a
government but also of individuals or group of property; but to the extent that security of tenure
individuals. cannot be compromised without due process, it is in a
limited sense analogous to property.

5. These rights are intimately connected. For example, if

RIGHT TO DUE PROCESS AND EQUAL PROTECTION one’s property right over employment is taken away,
the same will adversely affect one’s right to life since
Life, Liberty, and Property
quality of living is jeopardized. Consequently, in the
1. Constitutional Provision. Section 1, Article III of the absence of property and a good quality of life, the
Constitution states “No person shall be deprived of life, ability to do what one wants is impeded.
liberty, or property without due process of law, nor
6. Hierarchy of Rights. While the rights are intimately
shall any person be denied the equal protection of the
related, they have a hierarchy. As to their order of
laws.” The provision speaks of “due process” and “equal
importance, right to life comes first, followed by right to
protection.”
liberty, and then right of property.
2. Scope of Protection. The protection covers all
Due Process
persons, whether citizens or aliens, natural or juridical.
1. Meaning. Due process of law is a constitutional
3. Meaning of Life, Liberty, and Property. Due process
guarantee against hasty and unsupported deprivation of
and equal protection cover the right to life, liberty, and
some person’s life, liberty, or property by the
property. It is important therefore to know the meaning
government. While is it true that the state can deprive
of the three.
its citizens of their life, liberty, or property, it must do so
(a) Life. When the constitution speaks of right to life, it in observance of due process of law. This right is “the
refers not just to physical safety but also to the embodiment of the supporting idea of fair play” and its
importance of quality of life. Thus, right to life means essence is that it is “a law which hears before it
right to be alive, right to one’s limbs against physical condemns, which proceeds upon inquiry and renders
harm, and, equally important, right to a good quality of judgment only after trial.”
life. Life means something more than mere animal
2. When Invoked. The right is invoked when the act of
existence.
the government is arbitrary, oppressive, whimsical, or
(b) Liberty. It includes “negative” and “positive” unreasonable. It is particularly directed against the acts
freedom. Negative freedom means freedom from, or of executive and legislative department.
absence of, physical constraints, while positive freedom
3. Two Aspects of Due Process. Due process of law has
means freedom to exercise one’s faculties. Right to
two aspects: procedural and substantive. Basically, the
liberty therefore includes the two aspects of freedom
procedural aspect involves the method or manner by
and it cannot be dwarfed into mere freedom from
which the law is enforced, while the substantive aspect
physical restraint or servitude, but is deemed to
involves the law itself which must be fair, reasonable,
embrace the right of man to enjoy his God-given
and just.
faculties in all lawful ways, to live and work where he
will, to earn his livelihood by any lawful calling, to 4. Procedural due process requires, essentially,
pursue any vocation, and enter into contracts. the opportunity to be heard in which every citizen is
given the chance to defend himself or explain his side
(c) Property. It refers either to the thing itself or right
through the protection of general rules of procedure. It
over the thing. As a thing, property is anything capable
contemplates notice and opportunity to be heard
of appropriation, and it could be personal or real. As a
before judgment is rendered.
right, it refers to right to own, use, possess, alienate, or
destroy the thing. The constitution uses property in the In judicial proceedings, the requirements of procedural
sense of right, and as such it includes, among others, due process are:
right to work, one’s employment, profession, trade, and
other vested rights. It is important to note however that (a) An impartial or objective court or tribunal with
privileges like licenses are not protected property; but jurisdiction over the subject matter;
(b) Court with jurisdiction over the person of the “opportunity” to be heard. If, for instance, a person fails
defendant or the property which is the subject of the to actually appear in a hearing even though he was
proceeding; given the chance to do so, a decision rendered by the
court is not in violation of due process. Moreover, strict
(c) Defendant given the opportunity to be heard observance of the rule is not necessary, especially in
(requirement on notice and hearing); and administrative cases. In fact, in administrative
proceedings, notice and hearing may be dispensed with
(d) Judgment rendered after lawful hearing.
for public need or for practical reasons. It is also
Since some cases are decided by administrative bodies, sufficient that subsequent hearing is held if the same
the Court also provides requirements of procedural due was not previously satisfied.
process in administrative proceedings. These
6. Substantive due process requires that the law itself is
requirements, also known as “seven cardinal primary
valid, fair, reasonable, and just. For the law to be fair
rights,” are:
and reasonable it must have a valid objective which is
(a) The right to a hearing, where a party may present pursued in a lawful manner. The objective of the
evidence in support of his case; government is valid when it pertains to the interest of
the general public, as distinguished from those of a
(b) The tribunal must consider the evidence presented; particular class. The manner of pursuing the objective is
lawful if the means employed are reasonably necessary
(c) The decision of the tribunal must be supported by and not unduly oppressive.
evidence;
7. Under the doctrine of void for vagueness, a statute or
(d) The evidence must be substantial. Substantial law that is vague is void because it violates the rights to
evidence is such relevant evidence as a reasonable mind due process. A statute is vague when it lacks
might accept as adequate to support a conclusion; comprehensible standards which men of ordinary
intelligence must necessarily know as to its common
(e) The evidence must have been presented at the
meaning but differ as to its application. Such kind of
hearing, or at least contained in the record and known
statute is opposed to the Constitution because it fails to
to the parties affected;
accord persons proper understanding or fair notice, and
(f) The tribunal or body or any of its judges must rely because the government is given unbridled freedom to
on its own independent carry out its provision. For this doctrine to be operative,
consideration of evidence, and not rely on the however, the statute must be utterly vague. Thus, if a
recommendation of a subordinate; and law, for example, could be interpreted and applied in
various ways, it is void because of vagueness. Corollary
(g) The decision must state the facts and the law in such to this is the doctrine of overbreadth which states that a
a way that the parties are apprised of the issues statute that is “overly broad” is void. This is because it
involved and the reasons for the decision. prevents a person from exercising his constitutional
rights, as it fails to give an adequate warning or
5. Notice and Opportunity to be Heard. What matters in boundary between what is constitutionally permissive
procedural due process are notice and an opportunity and not. If a law, for instance, prohibits a bystander
to be heard. from doing any “annoying act” to passersby, the law is
void because “annoying act” could mean anything to a
(a) Notice. This is an essential element of procedural
passerby and as such, overly broad.
due process, most especially in judicial proceedings,
because without notice the court will not acquire Equal Protection
jurisdiction and its judgment will not bind the
defendant. The purpose of the notice is to inform the 1. Meaning. The guarantee of equal protection means
defendant of the nature and character of the case filed that “no person or class of persons shall be deprived of
against him, and more importantly, to give him a fair the same protection of the laws which is enjoyed by
opportunity to prepare his defense. Nevertheless, the other persons or other classes in the same place and in
notice is useless without the opportunity to be heard. like circumstances.” It means that “all persons or things
similarly situated should be treated alike, both as to
(b) Opportunity to be Heard. It must be emphasized rights conferred and responsibilities imposed.” The
that what is required is not “actual” hearing but a real guarantee does not provide absolute equality of rights
or indiscriminate operation on persons. Persons or 6. Review of Laws. If the laws are scrutinized by the
things that are differently situated may thus be treated court, it said to be subject to “judicial review.” There
differently. Equality only applies among equals. What is are three standards followed by the court in judicial
prohibited by the guarantee is the discriminatory review, these are:
legislation which treats differently or favors others
when both are similarly situated. (a) Deferential review in which laws are upheld to be
valid or consistent to the guarantee of equal protection
2. Purpose. The purpose of the guarantee is to prohibit when they are rational and the classifications therein
hostile discrimination or undue favor to anyone, or bear a relation to a legitimate governmental interests or
giving special privilege when it is not reasonable or purpose. In here the courts do not seriously inquire into
justified. the substantiality of the interest and possibility of
alternative means to achieve the objectives;
3. Reasonable Classification. Well established is the rule
that reasonable classificationdoes not violate the (b) Intermediate review in which the substantiality of
guarantee, provided that the classification has the the governmental interest is closely scrutinized as well
following requisites: as the availability of less restrictive means or
alternatives. This standard is used if the classification
(a) It must be based upon substantial distinctions; involves important but not fundamental interests; and
(b) It must be germane to the purpose of the law; (c) Strict scrutiny in which the government is required
to show the presence of a compelling government
(c) It must not be limited to existing conditions only;
interest, rather than a mere substantial interest, and
and
the absence of a less restrictive means for achieving the
(d) It must apply equally to all members of the class. interest. Upon showing of these requirements, the
limitation of a fundamental constitutional right is
4. Example. In one case, Section 66 of the Omnibus justified. This standard is used if the law classifies
Election Code was challenged for being persons and limits others of their exercise of
unconstitutional, as it is violative of the equal fundamental rights.
protection clause. The provision distinguishes between
an elective official and an appointive official in the filing ARRESTS, SEARCHES AND SEIZURES
of theire certificate of candidacy. While elective officials
Right against Unreasonable Searches and Seizures
are not deemed resigned upon the filing their
certificates, appointive officials are. The Supreme Court 1. Constitutional Provision. Section 2, Article III states
held that the law is constitutional and not violative of that people have the inviolable right to be secure in
equal protection since the classification is valid. The their persons, houses, papers, and effects against
Court argues that elective office is different from unreasonable searches and seizures of whatever nature
appointive office, in that the mandate of the former is and for any purpose, and a search warrant or warrant of
from the people, while that of the latter is from the arrest can only be issued upon showing of a probable
appointing authority. The term of the elective officials cause determined personally by the judge after
are likewise longer than that of the appointive officials. examination under oath or affirmation of the
Thus, the classification is adjudged reasonable and complainant and the witnesses he may produce, and
valid. particularly describing the place to be searched and the
persons or things to be seized.
5. Discrimination against Aliens. Although the
protection extends to both citizens and aliens, 2. Scope. The protection extends to all persons, aliens
discrimination against aliens may be held valid under or citizens, natural or juridical. It is a personal right
certain circumstances. For example, citizens by virtue of which may be invoked or waived by the person directly
their membership to the political community possess affected against unreasonable arrests or searches by
complete civil and political rights, while aliens do not the government and its agencies. It cannot, however, be
have complete political rights. The former can vote invoked against private individuals.
during elections, run for public office, own real
property, while aliens cannot. Warrant of Arrest and Search Warrant
1. Generally, the right against unreasonable searches property subject to search includes those used in the
and seizures requires that before a person is arrested or commission of the offense, stolen or embezzled and
a personal property seized, it must be supported by a other proceeds or fruits of the offense, or used or
valid warrant of arrest or a search warrant. The intended to be used in the commission of the offense.
exceptions are in cases of valid warrantless arrests and
searches. 2. General warrants are those that do not particularly
describe the place to be searched or the persons or
2. A warrant of arrest is a written order of the court, things to be seized. They are unconstitutional because
issued in the name of the Philippines, authorizing a the sanctity of the domicile and privacy of
peace officer to arrest a person, and put him under the communication and correspondence of individuals are
custody of the court. placed at the mercy, caprice, and passion of peace
officers.
3. A search warrant is a written order of the court,
authorizing or directing a peace officer to search a Warrantless Arrest
specific location, house, or other premises for a
personal property allegedly used in a crime or may be 1. When Warrantless Arrest Valid. Arrest without
utilized as a tool to prove a crime. warrant is strictly construed as an exception to the
general rule requiring warrant. Under the Rules of
Requisites of a Valid Warrant Court, a peace officer or a private person may arrest a
person even without a warrant under the following
1. Since as a general rule, an arrest or search is instances:
reasonable when it is covered by a valid warrant, it is
thus important to know the requisites a valid warrant. (a) In flagrante delicto arrest. When, in his presence, the
The Court enumerates the requisites as follows: person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(a) It must be based upon a probable cause. Probable
cause refers to such facts and circumstances which (b) Hot pursuit. When an offense, has in fact just been
would lead a reasonably discreet and prudent man to committed, and he has personal knowledge of facts
believe that an offense has been committed and that indicating that the person to be arrested has committed
the objects sought in connect with the offense are in it; and
the place sought to be searched;
(c) Arrest of escaped prisoners. When the person to be
(b) The probable cause must be determined personally arrested is a prisoner who has escaped from a penal
by the judge. That the judge “personally” determines establishment of place where he is serving final
the probable cause means that “he personally evaluates judgment or temporarily confined while his case is
the report and the supporting documents submitted by pending, or has escaped while being transferred from
the public prosecutor regarding the existence of the one confinement to another.
probable cause,” or, if the same is insufficient, “require
additional evidence to aid him in arriving at a conclusion 2. Citizen Arrest. It must be noted that a lawful
as to the existence of probable cause.” Thus, personal warrantless arrest may be performed not just by a
determination does not mean that he must personally peace officer but also by a civilian. This is permitted
examine the complainant and his witnesses. He may under the rules under limited circumstances, and it is
rely on reports and evidence submitted to him, on the called citizen arrest.
basis of which he determines the existence of probable
3. In the case of flagrante delicto arrest, an offense is
cause and orders the issuance of warrant. What is
committed “in the presence” of the arresting officer or
prohibited is to rely solely on the recommendation of
civilian. For example, if a person pushes illegal drugs in
the prosecutors without doing any determination on his
the presence of a police officer, the latter can arrest the
own;
pusher even without a warrant of arrest because an
(c) The determination must be made after examination offense is actually being committed in his presence. The
under oath or affirmation of the complainant and the same principle underlies the “buy-bust” or
witness he may produce; and “entrapment” operations conducted by police officers
in catching law offenders. In one case, the Court held
(d) It must particularly describe the place to be that rebellion is a continuing offense, and so the rebel
searched and the persons or things to be seized. The may be arrested anytime even without a warrant
because he is deemed to commit the offense in the by him, not the judge, who issues the administrative
presence of the arresting officer or person. warrant, after determination by the Board of
Commissioners of the existence of a ground for
4. Illegal Detention is the offense committed by the deportation.
arresting officer or civilian if the warrantless arrest is
performed outside the above rules. RIGHT TO PRIVACY

Warrantless Searches Provisions and Laws on Right to Privacy

A search is valid even without a warrant, under the 1. Constitutional Provisions. The right to privacy is
following instances: scattered throughout the Bill of Rights.[21] The right
against unreasonable searches and seizures, in Section
(a) Search as an incident to a lawful arrest. When a valid 2, is an expression of this right, inasmuch as it is based
arrest precedes the search or contemporaneous with it, on the sacred right to be secure in the privacy of one’s
and the search is limited to the immediate vicinity of person, house, paper, and effects. Due process of law,
the place of arrest, for purposes of securing dangerous in Section 1, also provides the same privacy security by
objects and effects of the crime; protecting an individual’s life, liberty, and property
against undue interference by the government. Section
(b) Consented search. When the right has been
6 speaks of the right to establish and change one’s
voluntarily waived by person who has a right, aware of
home which likewise deals with the privacy and comfort
such right, and has an actual intention to relinquish
of one’s home. The right to form unions or associations
such right;
under Section 8, and the right against self-incrimination
(c) Plainview search. When prohibited articles are under Section 17 are also privacy rights which need
within the sight of an officer who has the right to be in a protection against undue intrusion by the government.
position to that view;
2. Nonetheless, the word “privacy” is expressly provided
(d) Visual search at checkpoints. When the search at in Section 3(1), Article III, which states that “the privacy
stationary checkpoints is pre-announced, and limited to of communication and correspondence shall be
a visual search only; inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as
(e) Terry search. When a police officer, in interest of prescribed by law.” Privacy of communication and
effective crime prevention, performs a “stop-and-frisk” correspondence is also an expression of the right to
or patting of outer clothing for dangerous weapons, privacy.
after observing a suspicious conduct on the part of a
citizen; 3. Statutory Reinforcements. To reinforce these
constitutional provisions, the Congress has passed laws
(f) Search of moving vehicles, vessels, and aircrafts for that recognize and protect the zones of privacy of an
violation of laws; individual. These laws include: (a) The Civil Code of the
Philippines; (b) The Revised Penal Code; (c) Anti-Wire
(g) Inspection of buildings and other premises for the Tapping Act; (d) The Secrecy of Bank Deposits; and (e)
enforcement of fire, sanitary, and building regulations; Intellectual Property Code.
and
Privacy of Communication and Correspondence
(h) Search in airports and other populous places.
1. Subject of the Right. Invasion of communication and
Administrative Searches and Arrests correspondence is one kind of search. However the
subject of search is not a tangible object but
1. In cases of deportation, where the State expels an
an intangible one, such as telephone calls, text
undesirable alien from its territory, court intervention
messages, letters, and the like. These forms of
and proceedings are not required. Nonetheless, the
communication and correspondence may be intruded
alien’s constitutional rights are still preserved because
into by means of wiretapping or other means of
they are given fair trial and administrative due process.
electronic eavesdropping. What the constitution
2. Important to note is that no probable cause is prohibits is government intrusion, by means of
required in deportation proceedings.It is the wiretapping or electronic eavesdropping, into the
Commissioner of Immigration or any officer designated
privacy of communication without a lawful court order 3. For example, if police officers search a house without
or when public safety and order does not demand. a search warrant and the same does not fall under any
of the instances of a valid warrantless search, the
2. Rule. As a rule, the government cannot intrude into evidence obtained even if material in the case cannot
the privacy of communication and correspondence. The be admitted in court. Or if police officers wiretap a
exceptions are: (a) when the court allows the intrusion, conversation without court authorization, the recorded
and (b) when public safety and order so demands. conversation shall be excluded as an evidence in court.
Thus, the evidences are said to be fruits of a poisonous
Anti-Wire Tapping Act
tree.
1. R.A. 4200 or the Anti-Wire Tapping Act, as a
FREEDOM OF EXPRESSION
reinforcement of privacy of communication, is a law
which prohibits a person not authorized by all the Meaning and Scope
parties to any private communication, to wire tap or use
any devise to secretly overhear, intercept, record, or 1. Constitutional Provision. Section 4, Article III provides
communicate the content of the said communication to that “no law shall be passed abridging the freedom of
any person. speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the
2. Wire tapping or the use of record may be permitted government for redress of grievances.” The right
in civil or criminal proceedings involving specified underscores tolerance to different views and thoughts.
offenses principally affecting national security, and only
with previous authorization by the court which must 2. Aspects of the Right. Freedom of expression has four
comply with the requirements of a warrant. The aspects, to wit: (a) freedom of speech; (b) freedom of
authority is effective only for sixty days. expression; (c) freedom of the press; and (d) freedom of
assembly. Nonetheless, the scope of the protection
Writ of Habeas Data extends to right to form associations or societies not
contrary to law, right to access to information on
The writ of habeas data is a remedy available to any
matters of public concern, and freedom of religion.
person whose right to privacy in life, liberty, or security
These are all crucial to the advancement of beliefs and
is violated or threatened to be violated by an unlawful
ideas and the establishment of an “uninhibited, robust
act or omission of a public official or employee, or of a
and wide-open debate in the free market of ideas.”[23]
private individual or entity engaged in the gathering,
collecting or storing of data or information regarding 3. Importance of the Right. Freedom of expression is
the person, family, home, and correspondence of the accorded the highest protection in the Bill of Rights
aggrieved party. since it is indispensable to the preservation of liberty
and democracy. Thus, religious, political, academic,
Exclusionary Rule
artistic, and commercial speeches are protected by the
1. The exclusionary rule states that any evidence constitutional guarantee.
unlawfully obtained is inadmissible as evidence before
4. Limitation. The right is not absolute. It must be
the courts. This is based on Section 3(2), Article III which
exercised within the bounds of law, morals, public
provides that any evidence obtained in violation of right
policy and public order, and with due regard for others’
to privacy of communication or right to due process of
rights. Thus, obscene, libelous, and slanderous speeches
law shall be inadmissible for any purpose in any
are not protected by the guarantee. So are seditious
proceeding. The same rule is applied to any evidence
and fighting words that advocate imminent lawless
taken in violate of R.A. 4200.
conduct.
2. The rule is also called Fruit of the Poisonous Tree
Freedom from Prior Restraint and Subsequent
Doctrine. The name of the doctrine metaphorically
Punishment
describes what happens to an “evidence” (fruit) taken
through “unlawful means” (poisonous tree). The 1. Freedom of speech and of the press has two aspects:
evidence-fruit is discarded because it may infect or (a) freedom from prior restraint, and (b) freedom from
destroy the integrity of the case and forfeit the purpose subsequent punishment.
of the law.
2. On the one hand, freedom from prior restraint means the State is mandated to suppress or prevent, even if it
freedom from censorship or governmental screening of did not materialize, the State is justified of restricting
what is politically, morally, socially, and artistically the right. This rule has already been abandoned;
correct. In here, persons and the media are freed from
total suppression or restriction by the government of (2) Clear and Present Danger Test which is a more
what could be disseminated, and prevents the libertarian rule, provides that the finding out of
government from being a subjective arbiter of what is substantive evil is not enough to suppress the right.
acceptable and not. Although the system of prior Rather the substantive evil must have clear and present
restraint is presumed unconstitutional, it is allowed danger type depending on the specific circumstances of
under the following instances: the case. This rule is consistent with the principle of
“maximum tolerance” and is often applied by the Court
(a) Undue utterances in time of war; in freedom of expression cases;

(b) Actual obstruction or unauthorized dissemination of (c) Balancing of Interest Test which provides that when
military information; there is conflict between a regulation and freedom of
speech, the court has the duty to determine which of
(c) Obscene publication; and the two demands greater protection;
(d) Inciting to rebellion. (d) Grave-but-Improbable Danger Test which was meant
to supplant the clear and present danger test,
3. On the other hand, freedom from subsequent
determines whether the gravity of the evil, less its
punishment refers to the assurance that citizens can
improbability to happen, can justify the suppression of
speak and air out their opinions without fear of
the right in order to avoid the danger;
vengeance by the government. Subsequent
chastisement has the effect of unduly curtailing (e) O’Brien Test which provides that when “speech” and
expression, and thus freedom therefrom is essential to “non-speech” elements are combined in the same
the freedom of speech and the press. The State, course of conduct, a sufficiently important government
however, can validly impose subsequent punishment interest that warrants the regulation of the “non-
under the following instances: speech” element can also justify incidental limitations
on the speech element; and
(a) Libel which is the most common form of subsequent
punishment, refers to a public and malicious imputation (f) Direct Incitement Test which determines what words
of a crime, vice or defect, real or imaginary or any act or are uttered and the likely result of the utterance, that
omission, status tending to cause dishonor, discredit or is, whether or not they will directly incite or produce
contempt of a natural or juridical person, or blacken the imminent lawless action.
memory of one who is dead;
Restrictions on Freedom of Speech
(b) Obscenity which includes works (taken as a whole)
appealing to prurient interest or depicting sexual 1. Two Kinds of Restrictions. The State may impose two
conduct as defined by law or lacking of serious literary, kinds of restrictions on speech under a system of prior
artistic, political or scientific value; restraint: content-based restriction and content-neutral
restriction. The restriction is content-based when
(c) Criticism of official conduct made with restriction is directed to the speech itself, while the
actual malice; and restriction is content-neutral when it is directed, not to
the speech itself, but to the incidents (such as time,
(d) School articles which materially disrupt class work or
place, or manner) of the speech. An example of a
involves substantial disorder or invasion of rights of
content-based restriction is when the government
others.
prohibits speeches against the President, in which case
Tests to Determine When Right Maybe Suppressed the restriction is on the speech itself. An example of a
content-neutral restriction is when the government
There are six tests or rules to determine when the regulates the manner of posting campaign
freedom may be suppressed. These are: advertisements, in which case the restriction is on the
manner the right is made.
(1) Dangerous Tendency Test which provides that if a
speech is capable of producing a substantive evil which
2. Appropriate Tests for Each Restriction. If the Commercial Speech
governmental restriction is content-based, the
applicable rule or test is the clear and present danger 1. Meaning. Commercial speech is one that proposes a
test. This is to give the government a heavy burden to commercial transaction done in behalf of a company or
show justification for the imposition of such prior individual for purposes of profit. It is a protected speech
restraint which bears a heavy presumption of for as long as it is not false or misleading and does not
unconstitutionality. If the restriction is content-neutral, propose an illegal transaction.
the applicable rule is only an intermediate approach,
2. But if the government has a substantial interest to
inasmuch as the restraint is only regulatory and does
protect, even a truthful and lawful commercial speech
not attack the speech directly.
may be regulated.
3. Example. In one case, the court held that the act of
3. Private speech is accorded more freedom and
granting a permit to rally under the condition that it will
protection than commercial speech.
be held elsewhere is a content-based restriction and
not content-neutral because it is directed to the Freedom of Assembly
exercise of the speech right itself and not merely to the
manner. As such, the applicable test is the clear and 1. Meaning. Freedom of assembly refers to the right to
present danger test. hold a rally to voice out grievances against the
government.
Regulations on Mass Media
2. Freedom not Subject to Prior Restraint. As a rule,
Mass media may be broadcast media (e.g. television freedom of assembly is not subject to prior restraint or
and radio) or print media (e.g. newspaper). The two prior issuance of permit by government authorities.
have a substantial difference in that broadcast media Nevertheless, it must be exercised in such a way that
has a uniquely pervasive presence in the lives of will not to prejudice public welfare. Freedom of
Filipinos. Thus, freedom of television and radio assembly is reinforced by Batas Pambansa Blg. 880,
broadcasting is somewhat lesser than the freedom otherwise known as the Public Assembly Acts of 1985,
accorded to the print media; greater regulation is which basically provides the requirements and
imposed over broadcast media because of its greater procedure for holding rallies. It also implements the
tendency to invade the privacy of everyone than print observance of “maximum tolerance” towards
media. participants of rallies consistent with the clear and
present danger test.
Doctrine of Fair Comment
3. Permit Requirement. Under the said law, permit is
1. Meaning. Under the doctrine of fair comment, a
required to hold a rally. It must be emphasized,
discreditable imputation directed against a public
however, that the permit is not a requirement for the
person in his public capacity, does not necessarily make
validity of the assembly or rally, because the right is not
one liable. Although generally every discreditable
subject to prior restraint. Rather, the permit is a
imputation publicly made is deemed false and malicious
requirement for the use of the public place.
because every man is presumed innocent until proven
guilty, nevertheless, if the imputation directed against a 4. When Permit not Required. Permit is not required if
person in his public is based on “established facts,” the rally is held in a private place, in a campus of a state
even if the inferred opinion is wrong, the comments as college or university, or in a freedom park, in which case
justified. As long as the opinion might reasonably only coordination with the police is required. If the
inferred from the facts, it is not actionable. In order to application for permit is not acted upon by the mayor
that such discreditable imputation to a public official within two working days, then the same is deemed
may be actionable, it must either be a “false allegation” granted.
or a “baseless comment.”
5. Political rally during election is regulated by the
2. Example. If a case of theft was filed against a Omnibus Election Code, not by BP 880.
barangay official, and someone commented that he
maliciously stole things from the local residents, the Right to Form Associations
doctrine of fair comment is applicable, inasmuch as the
opinion was based on such fact. In here, the comment is 1. Constitutional Provision. Section 8, Article III provides
justified. that “the right of the people, including those employed
in the public and private sectors, to form unions, 1. Freedom of religion has two aspects: (a) the freedom
associations, or societies for purposes not contrary to to believe, and (b) the freedom to act on one’s belief.
law shall not be abridged.” The first aspect is in the realm of the mind, and as such
it is absolute, since the State cannot control the mind of
2. Who may Exercise the Right. The right of association the citizen. Thus, every person has the absolute right to
may be exercised by the employed or the unemployed believe (or not to believe) in anything whatsoever
and by those employed in the government or in the without any possible external restriction by the
private sector. It likewise embraces the right to form government. The aspect refers to the externalization of
unions both in the government and private sector. The belief as it is now brought out from the bosom of
right of civil servants to unionize is expressly provided in internal belief. Since it may affect peace, morals, public
Section 2(5), Article IX-B: “The right to self-organization policy, and order, the government may interfere or
shall not be denied to government employees.” The regulate such aspect of the right.
right of labor in general to unionize is likewise provided
in Section 3, Article XIII: “[The State] shall guarantee the 2. The second aspect is expressed in Section 5, Article
rights of all workers to self-organization, collective III, thus “… The free exercise and enjoyment of religious
bargaining and negotiations, and peaceful concerted profession and worship, without discrimination or
activities, including the right to strike in accordance preference, shall forever be allowed. No religious test
with law.” shall be required for the exercise of civil or political
rights.”
3. Right to Strike not Included. The right to form
associations or to self-organization does not include the Non-establishment Clause
right to strike. Thus, public school teachers do not enjoy
the right to strike even if they are given the 1. Constitutional Provision. Section 5, Article III provides
constitutional right of association. The terms and that “no law shall be made respecting an establishment
conditions of employment in the Government, including of religion, or prohibiting the free exercise thereof.”
in any political subdivision or instrumentality thereof
2. Explanation. The non-establishment clause holds that
and government owned and controlled corporations
the State cannot set up a church or pass laws aiding one
with original charters, are governed by law and the
religion, all religion, or preferring one over another, or
employees therein shall not strike for purposes of
force a person to believe or disbelieve in any religion.In
securing changes.
order words, it prohibits the State from establishing an
Right to Information official religion. It discourages excessive government
involvement with religion and manifest support to any
1. Constitutional Provision. Section 7, Article III provides one religious denomination. Manifestly, the clause is
that “the right of the people to information on matters rooted in the principle of separation of church and
of public concern shall be recognized. Access to official state.
records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to 3. Particular Prohibitions. In particular, the non-
government research data used as basis for policy establishment clause prohibits, among others, prayers
development, shall be afforded the citizen, subject to of a particular denomination to start a class in public
such limitations as may be provided by law.” schools,financial subsidy of a parochial school, display
of the ten commandments in front of a
2. Scope and Limitation. The right guarantees access to courthouse,[40] law prohibiting the teaching of
official records for any lawful purpose. However, access evolution,[41] mandatory reading of the bible,[42] and
may be denied by the government if the information using the word “God” in the pledge of allegiance.[43]
sought involves: (a) National security matters, military
and diplomatic secrets; (b) Trade or industrial secrets; 4. Exceptions to the Prohibition. The clause, however,
(c) Criminal matters; and (d) Other confidential permits the following:
information (such as inter-government exchanges prior
(a) Tax exemption on property “actually, directly and
to consultation of treaties and executive agreement,
exclusively used” for religious purposes;[44]
and privilege speech).
(b) Religious instruction in sectarian schools[45] and
FREEDOM OF RELIGION
expansion of educational facilities in parochial schools
Two Aspects of Freedom of Religion for secular activities;[46]
(c) Religious instruction in public schools, elementary very same thing that it advocates if expulsion is
and high school, at the option of parents or guardians validated. Times have changed. Freedom of religion is
expressed in writing, within regular class hours by now recognized as a preferred right.
designated instructors, and without additional costs to
the government;[47] Religious Solicitations

(d) Financial support given to priest, preacher, minister, Under Presidential Decree No. 1564, also known as
or dignitary assigned to the armed forces, penal the Solicitation Law, permit is required before
institution or government orphanage or solicitations for “charitable and public welfare
leprosarium;[48] purposes” may be carried out. The purpose of the law is
to protect the public from fraudulent solicitations.
(e) Government sponsorship of town fiestas which Nonetheless, permit is no longer required if the
traditions are used to be purely religious but have now solicitation is for “religious purposes.” Fraud is much
acquired secular character;[49] and less in religion. If the law is extended to religion, then it
becomes unconstitutional; it constitutes restriction on
(f) Postage stamps depicting Philippines as the venue of freedom of religion as resources necessary for
a significant religious event, in that the benefit to maintenance are deprived of churches.
religious sect is incidental to the promotion of the
Philippines as a tourist destination.[50] Conscientious Objector Test

Tests to Determine whether Governmental Act Violates A conscientious objector is someone who sincerely
Freedom of Religion claims the right to refuse to perform military
service[53] and salute a flag[54] on the grounds of
1. Different tests are used to determine if there are freedom of thought, conscience, and/or religion. He
governmental violations of non-establishment clause may be granted exemption from military service or from
and free exercise clause. On the on hand, Lemon Test is saluting the flag if he establishes that his objection is
used to determine whether an act of the government “sincere,” based on “religious training and belief,” and
violates the non-establishment clause. Under this test, a not arbitrary.
law or a governmental act does not violate the clause
when it has a secular purpose, does not promote or LIBERTY OF ABODE AND RIGHT TO TRAVEL
favor any set of religious beliefs, and does not get the
government too entangled with religion.[51] Freedom of Movement

2. On the other hand, Compelling State Interest 1. Constitutional Provision. Section 6, Article III provides
Test and Clear and Present Danger Testare used to that “the liberty of abode and of changing the same
determine whether there is violation of free-exercise within the limits prescribed by law shall not be impaired
clause. Compelling state interest test is used to except upon lawful order of the court. Neither shall the
determine if the interests of the State are compelling right to travel be impaired except in the interest of
enough to justify intrusion into an individual’s freedom national security, public safety, or public health, as may
of religion. Under this test, government infringement is be provided by law.”
justified if the burden it creates on freedom of religion
2. Aspects of the Freedom. Freedom of movement has
is due to a sufficiently compelling state interest and the
two aspects: (a) Freedom to choose and change one’s
means used to attain its purpose is the least intrusive.
domicile, and (b) Freedom to travel within and outside
Clear and present danger test is used to determine
the country. A person’s place of abode or domicile is his
whether the circumstance are of such nature as to
permanent residence.
create a clear and present danger that will bring about a
substantive evil which the state has the right to prevent. Limitations
3, Example. In one case,[52] the Court held that 1. Freedom of movement is not an absolute right. It has
expulsion from school is unjustified if is based on the limitations. Liberty of abode may be impaired or
conflict between religious beliefs and school practices restricted when there is a “lawful court order.”
(saluting the flag). The expulsion violates the right of
children to education. Using the clear and present 2. The right to travel may also be restricted in interest
danger test, the Court held that the danger of disloyalty of national security, public safety, or public health, or
which the government is trying to prevent may be the
when a person is on bail, or under a watch-list and hold its terms.[57] In other words, the act of impairment is
departure order. anything that diminishes the value of the contract.[58]

Right to Return to One’s Country 2. The cause of the impairment must be legislative in
nature. The obligation of contract must be impaired by
Although the right to return to one’s country is not a statute, ordinance, or any legislative act for it to come
among the rights expressly mentioned in the Bill of within the meaning of the constitutional
Rights, it is nonetheless recognized and protected in the provision.[59] An administrative order or court decision
Philippines. It is a generally accepted principle of is not included in the scope of the constitutional
international law, and as such it is part of the law of the guarantee.
land, pursuant to the doctrine of incorporation. It is
different from the right to travel and is guaranteed 3. In one case,[60] the Court held that a Rehabilitation
under the International Covenant on Civil and Political Plan approved by the Securities and Exchange
Rights.[55] Commission which suspends contractual claims against
an insolvent or bankrupt corporation does not violate
NON-IMPAIRMENT OF CONTRACTS the contract clause. The impairment must be legislative
in character. SEC’s approval of the plan is not a
Contract Clause
legislative act but an administrative act. Thus, there is
1. Section 10, Article III provides that “no law impairing not impairment of the freedom to contract.
the obligation of contracts shall be passed.” This is the
Limitations
so-called contract clause, which seeks to restrain
substantial legislative impairment of, or intrusion into, 1. As between freedom of contract and police
the obligations of contracts. What the clause power, police power prevails. Thus, laws enacted in
guarantees is the integrity of contracts against undue exercise of police power will prevail over contracts.
interference by the government. After all, private rights and interest in contracts must
yield to the common good. Every contract affecting
2. For example, if a lawyer enters into a contract with a
public welfare is presumed to include the provisions of
client by which the latter will pay 5% of the value of the
existing laws and a reservation of police power.
monetary claim, a subsequent law which deprives the
lawyer of the said value is arbitrary and unreasonable 2. The supremacy of police power is felt most clearly in
since it is destructive of the inviolability of contracts, labor contracts and agricultural tenancy contracts. For
and therefore invalid as lacking of due process.[56] instance, a law (Blue Sunday Law) which provides for
work or play on a Sunday is upheld as valid even if it
Contracts Affected
nullifies existing labor contracts, since it is a legitimate
1. Only valid contracts, either executed or executory, exercise of police power.[61] In another case, a law
are covered by the guarantee. (R.A. No. 34) changed the crop-sharing system between
the landlord and tenants from 50-50 to 55-45 in favor of
2. The agreement of the parties, as long as it is valid, is the tenants. The Court held that the law is valid.
the law between them. Their will should prevail, and Consistent with the policy of social justice, the law
this must be respected by the legislature and not favored the tenants as well as the general welfare of
tampered with by subsequent laws. Well-established is the people in exchange of contractual rights.
the policy that the subject of contractual agreements is
“imbued with paramount public interest.” 3. The power of taxation and power of eminent domain,
inasmuch as they are also sovereign powers of the
Kind of Impairment Covered state, can validly impair obligations of contracts.

1. For the clause to be operative, the impairment 4. Licenses are different from contracts. Licenses are
caused by law must be substantial. Substantial franchises or privileges given by the State to qualified
impairment happens when the law changes the terms entities that may be withdrawn or relinquished when
of a legal contract between parties, either in the time or national interests so require. However, like contracts,
mode of performance, or imposes new conditions, or they yield to police power.
dispenses with those expressed, or authorizes for its
satisfaction something different from that provided in LEGAL ASSISTANCE AND FREE ACCESS TO COURTS
1. Constitutional Provision. Section 11, Article III The provision emphasizes on the duty of law
provides that “free access to the courts and quasi- enforcement officers to treat properly and humanely
judicial bodies and adequate legal assistance shall not those under investigation. It recognizes the fact that the
be denied to any person by reason of poverty.” environment in custodial investigations is
psychologically if not physically coercive in
2. Protection for the Poor. Free access is a right covered nature,[64] so that law enforcers should be reminded of
by the due process clause, because a person, regardless the sanctity of individual rights and the limitations on
of his status in life, must be given an opportunity to their means of solving crimes. In fact, as far as the
defend himself in the proper court or tribunal. present provision is concerned, the “presumption of
Nonetheless, the right is placed in a separate provision regularity” of official acts and the behavior of police or
to emphasize the desire for constitutional protection of prosecution is not observed if the person under
the poor.[62] investigation was not informed.[65]
3. Litigation in Forma Pauperis. In consonance with this Custodial Investigation
constitutional provision, the Rules of Court provide for
litigation in forma pauperis in which paupers and 1. This enumeration of rights above may be invoked
indigents, who have only their labor to support during custodial investigations. Custodial investigation
themselves, are given free legal services and access to refers to any questioning initiated by law enforcement
courts. officers after a person has been taken into custody. The
rights are available when the person interrogated is
RIGHTS OF PERSONS UNDER CUSTODIAL already treaded as a particular suspect and the
INVESTIGATION investigation is no longer a general inquiry into an
unsolved crime. However, during this stage, no
Miranda Rights
complaint or criminal case has been filed yet. As such,
1. Constitutional Provision. Section 12, Article III the person suspected to have committed a crime is not
enumerates the rights of a person under custodial yet an accused, since no case was instituted against
investigation for the commission of an offense, to wit: him.

(a) Right to remain silent, right to have a competent and 2. During custodial investigations, suspects are
independent counsel preferably of his own choice, right identified by way of show-ups, mug shots, and line ups.
to free legal services if he cannot afford one, and Show-ups are done by bringing the lone suspect face-to-
the right to informed of these rights. These rights face with the witness for identification. Mug shots are
cannot be waived except in writing and in the presence performed by showing photographs to witnesses to
of counsel; identify the suspect. And in line ups, the witness
identifies the suspect from a group of persons.
(b) Right against the use of torture, force, violence,
threat, intimidation, or any other means which vitiate Extrajudicial Confession
his free will. Prohibition against secret detention places,
1. Meaning. Extrajudicial consfession refers to a
solitary, incommunicado, or other similar forms of
confession or admission of guilt made outside (extra)
detention;
the court (judicial). It is a critical area of study in
(c) Exclusion of any confession or admission obtained in Constitutional Law. With respect to the present
violation of this provision or the right against self- provision, it refers to a confession given during a
incrimination as evidence against him; and custodial investigation, which is not judicial in nature.
Under the Miranda Rights, a person may waive his right
(d) Sanctions against violators and compensation for to remain silent and admit the charge against him
rehabilitation of victims. because anything that he says may be used against him.
However, the waiver or confession must be valid to be
2. Why called Miranda Rights. The present provision is admissible as evidence against him.
usually referred to as the “Miranda Rights” because it is
an adoption of the rights provided in the American case 2. Requisites for Validity. For an extrajudicial confession
“Miranda v. Arizona.”[63] to be valid and admissible as evidence in court, it must
be: (a) voluntary; (b) made in the assistance of a
Purpose of the Right competent and independent counsel; (c) express; and
(d) in writing.
3. Involuntary Confession. There are two kinds of 1. Constitutional Provision. Section 13, Article III
involuntary confession: (a) confession through provides that “all persons, except those charged with
coercion;[66] and (b) confession without being offenses punishable by reclusion perpetua when
informed of the Miranda rights.[67] Both forms are evidence of guilt is strong, shall, before conviction, be
invalid and cannot be admitted as evidence against the bailable by sufficient sureties, or be released on
confidant, the confession considered as a fruit of a recognizance as may be provided by law. The right to
poisonous tree. Extrajudicial confessions must be given bail shall not be impaired even when the privilege of the
voluntarily. However, there is a distinction between the writ of habeas corpus is suspended. Excessive bail shall
two. On the one hand, an extrajudicial confession not be required.”
alleged to be taken through torture or coercion
is presumed voluntarily given and valid since the law 2. Meaning of Bail. Bail refers to the security given for
enforcers are presumed to perform their duty regularly, the temporary release of a person in custody of the law,
so that the complainant-suspect should prove that furnished by him or a bondsman, conditioned upon his
there is torture to invalidate his confession. On the appearance before any court as may be required. For
other hand, a confession given without being informed instance, a person arrested and detained for the
of the Miranda rights is presumed involuntarily given, so offense of homicide may post a bond for his temporary
that the law enforces must prove its regularity.[68] release on the condition that he will appear in the court
during the trial or when the court so requires.
4. Assistance of Counsel. An extrajudicial confession
made in the absence of a counsel, or even in his 3. Purpose of Bail. Probational release through bail is
presence but without adequate assistance, is also corollary to the right to be presumed innocent and a
invalid and inadmissible. The rule requires that the means of immediately obtaining liberty.[70] During the
assisting counsel must duration of release, the accused is given the chance to
be independent and competent. For this matter, a fiscal prepare his defense,[71] and thus level the playing field
or a public prosecutor, who represents the interest of for the parties. Worth emphasizing is the reason why
the State, cannot assist the suspect or person under those charge with offenses punishable by reclusion
investigation. His interest is adverse to the latter. Thus, perpetua and against whom evidence of guilt is strong,
even if competent, he cannot be are not allowed to bail. Under such circumstances,
an independent counsel for the suspect. there is improbability of appearance, and bail merely
becomes an instrument of evading the law.
5. A counsel from the Public Attorney’s Office is
qualified to assist a person in executing an extrajudicial Standards for Fixing Amount of Bail
confession, his interest not adverse to the latter.
1. The law does not prescribe for a fix amount of bail.
6. An extrajudicial confession to a mayor, even if What it requires is that the amount should
uncounselled, may be admissible.[69]While a mayor has be reasonable and not excessive otherwise the right is
power of supervision over the police, an admission to rendered useless. Under the Rules of Court, the amount
him, not in the capacity of a law enforcer, is deemed is reasonable if the judge bases it primarily, but not
freely given. The uncounselled admission to him does exclusively, on the following guidelines:[72]
not violate the right to legal assistance and therefore
(a) Financial ability of the accused;
the confession is admissible as evidence against the
confidant. In addition, extrajudicial confession to a (b) Nature and circumstances of offense;
media man who is acting as a news reporter and not
under the supervision of the police, is admissible. (c) Penalty for offense charged;

7. Because of the inherent danger of using information (d) Character and reputation of accused;
from broadcast media, extreme caution must be taken
in further admitting similar evidence or confession. (e) Age and health of the accused;
There is presumption of voluntariness in confessions
(f) Weight of evidence against him;
which media describes as freely given. They must be
strictly scrutinized. (g) Probability of his appearance at trial;
RIGHT TO BAIL (h) Forfeiture of other bonds by him;
Meaning of Right
(i) The fact that he is a fugitive from justice when When the privilege of habeas corpus is suspended, the
arrested; and remedy of immediate release cannot be availed of
(although filing is still allowed). Under the current rules,
(j) Pendency of other cases where he is also under bail. if the detainee files a bail for his temporary release,
then it moots the purpose of habeas corpus, because it
When Right May be Invoked
destroys the assumption of illegality of the arrest or
1. General Rule. The right to bail may be invoked from detention.
the moment of detention or arrest. Even if no formal
4. The law still allows those who jumped bail to exercise
charges have been filed yet, for as long as there is
the right before conviction for as long as bail is still a
already an arrest, the right may already be availed of.
matter of right. What the court must do in such cases is
2. Bail as a Matter of Right. Bail may be invoked as a to increase the amount of bail.
matter of right if the charge is not punishable
5. Bail is now available in extradition[73] cases,
by reclusion perpetua and there is no final judgment of
consistent with the developments in international law
conviction yet. Technically, the instances when bail is a
which now treats an individual as a subject or party.[74]
matter of right are: (a) Before or after conviction by the
MTC; and (b) Before conviction of the RTC of an offense When Right May not be Invoked
not punishable by death, reclusion perpetua or life
imprisonment. 1. It could be inferred from the present provision that
the right to bail may not be invoked if the offense for
3. Bail as a Matter of Discretion. Bail may be invoked as which the person is detained is punishable by reclusion
a matter of discretion on the part of the court in the perpetua and the evidence of guilt is strong.
following instances:
2. Important also to note is that the military may not
(a) After conviction by the RTC of an offense not invoke the right to bail.[75]Among other reasons,
punishable by death, reclusion perpetua or life allowing military members to bail would pose a great
imprisonment; danger to national security. They are allowed to use
firearms and they are paid using government money.
(b) Pending appeal subject to the consent of the
Their sheer number and unique structure, as well as the
bondsman; and
military mentality that they carry, may very well result
(c) After conviction, pending appeal when the court to the overthrow of the government if continuous
imposed a penalty of imprisonment for more than six allowance of the right to bail is given them most
years but not more than twenty years, and it is not especially when there are coup attempts. Allowing
shown that the accused repeated a crime, an escapee, them to bail could mean resumption of widespread
committed an offense while under the custody of the commission of heinous activities.
probational release, or had the tendency of flight or to
Mandatory Hearing
commit another offense.
When the offense charged is punishable by reclusion
3. Right not Suspended. The present constitutional
perpetua, before rendering a judgment, due process
provision clearly provides that the right to bail is not
demands that the court must conduct a mandatory
suspended when the President suspends the privilege
hearing to determine if evidence of guilt is strong. This
of the writ of habeas corpus. While bail and habeas
is one of the instances when bail is a matter of
corpus are remedies intended for the immediate
discretion. But if the prosecutor simply manifested that
release of a detainee, there are fundamental
he leaves it to the sound discretion of the judge to grant
differences between them so that the suspension of
bail and the judge grants the same without hearing,
one does not mean the suspension of the other. Firstly,
then the judge commits an error because he cannot
in bail, there is an implicit recognition of the validity of
repose solely on the prosecutor his decision. Even if
detention or arrest, while in habeas corpus, there is an
there is no objection, there must be a hearing.[76]
assumption that the detention or arrest is illegal. And
secondly, the prayer in bail is for the temporary release RIGHTS OF THE ACCUSED
of the detainee, whereas in habeas corpus, the prayer is
for permanent release. Criminal Cases
1. Section 14, Article III deals with the rights of the 4. Criminal due process
accused. It contemplates a scenario where a case has requires impartiality or objectivity on the part of the
already been filed against a person, in contrast to court. Although a separate right to impartial trial is
custodial investigations where a case may not have granted in Section 14, paragraph 2 of the Bill of Rights,
been filed yet. The case filed is a criminal case, in which it refers only to the right of the accused during trial.
the parties are the “People of the Philippines” and the Impartiality in criminal due process (Section 14,
“accused.” The People of the Philippines is the paragraph 1) is broader since it extends to preliminary
complainant, while the accused is the person formally investigations conducted before the filing criminal cases
charged of a crime or offense punishable by law. in court. One of the instances wherein impartiality is
compromised is the so-called trial by publicity. When
2. A case is said to be criminal when it involves the preliminary investigations are held for purposes of
prosecution of a crime by the State and the imposition determining whether an information or a case should
of liability on erring individuals. It highlights the relation be filed against the respondent, the investigating
of the individual and the state, with the state having the prosecutor should not be swayed by the circumstances
right to inflict punishment to an offender once his guilt of pervasive and prejudicial publicity. It was held that
is proven beyond reasonable doubt. prejudicial publicity may be invoked as denial of due
process if it prevents the “observance of those
3. The real offended party or victim in a criminal case is
decencies” or requirements of procedural due
the State or the People of the Philippines, and not the
process.[78]
private complainant. This is because what has generally
been violated is the law of the Philippines which 5. A military court has its own unique set of
provides protection to the people and guarantees peace procedures consistent with the nature and purpose of
and order in the land. Violation of the law poses danger the military. Because of its distinct features, a military
not just to a private person, but to the people as a court cannot try and exercise jurisdiction, even during
whole, and is a threat to the sovereignty of the State. martial law, over civilians for offenses allegedly
committed by them as long as civilian courts are still
4. The accused, who is the person charged in a criminal
open and functioning.[79] Due process therefore
case, is pitted against the State. With all its machineries,
demands that civilians can only be tried for an offense
manpower, and almost unlimited sources of money, the
in civilian courts and not in military courts, unless no
State is placed in an advantaged position. To level
civilian court is available.
therefore the playing field, the Constitution provides for
numerous rights of the accused and of persons under Rights of the Accused during Trial
investigation. Justice demands that they should be
given a fighting chance against the most power 1. Constitutional Provision. Section 14(2), Article III
institution, which is the State. enumerates rights of the accused in all criminal
prosecutions, to wit:
Criminal Due Process
(a) Right to be presumed innocent until the contrary is
1. Constitutional Provision. Section 14(1), Article III proved;
provides that “no person shall be held to answer for a
criminal offense without due process of law.” (b) Right to be heard by himself and counsel;

2. The provision refers to due process in criminal cases. (c) Right to be informed of the nature and cause of the
As to its procedural aspect, criminal due process accusation against him;
requires that: (a) The accused is brought into a court of
competent jurisdiction; (b) He is notified of the case; (c) (d) Right to have a speedy, impartial, and public trial;
He is given the opportunity to be heard; and (d) There is
(e) Right to meet the witnesses face to face; and
a valid judgment deliberated and rendered by the
court.[77] As to its substantive aspect, the criminal (f) Right to have compulsory process to secure the
cases must be based on a penal law. attendance of witnesses and the production of evidence
in his behalf.
3. The right to appeal is not a constitutional right. It is a
statutory right granted by the legislature. But when it is 2. Criminal Prosecution. These are rights of the accused
expressly granted by law, then it comes within the “in criminal prosecutions.” Under the Rules, criminal
scope of due process. proceedings start from arraignment up to the rendition
of final judgment by the court. Arraignment refers to 4. Presumption of Guilt. The law and rules, however,
that stage of the criminal proceeding when the allow that presumption of innocence may be overcome
information is read to the accused to which he pleads by another presumption through prima
guilty or not guilty. The proceeding continues until a facie evidence. Prima facie evidence means an evidence
final judgment is entered by the court. The judgment is deemed sufficient unless contradicted. The is based on
final when there is nothing for the court to do but to logic and human experience. When the prosecution, for
execute it. Thus, during this duration the accused can instance, establishes that the stolen object is in the
invoke the said rights under the proper circumstances. possession of the accused, it creates a prima
facieevidence that the accused committed the crime of
Right to be Presumed Innocent theft. The presumption of innocence is overturned, and
the evidence creates a prima facie proof of the guilt of
1. Meaning. The right refers to the constitutional
the accused. This does not, however, mean that the
guarantee that the accused should be treated as if
presumption of innocence is finally overcome. The
innocent until he is proven guilty beyond reasonable
burden of proof simply shifts from the prosecution to
doubt.
the defense (side of the accused) who will in turn
2. Presumption of Innocence and Criminal Due Process. present contradictory evidence to overcome the prima
Basically, the rights in Section 14(2) are elaborations of facieproof.
criminal due process. The right to presumption of
Right to be Heard by Himself and Counsel
innocence, for instance, is based on the fundamental
procedural rule that the court must hear first before it 1. Right to be Heard. The right to be heard is the heart
condemns. If what the court presumes is the guilt of the of criminal due process. Basically, it refers to all the
accused, then procedural due process is violated. In mechanisms afforded to the accused during the criminal
fact, the accused is already in a disadvantaged position proceedings. It is a safeguard against prejudicial and
since he is pitted against the State. Presumption of guilt partial judgments by the courts, as well as a guarantee
renders the rights of the accused nugatory. To protect that the accused be given an opportunity to participate
therefore individual rights, in particular one’s liberty, it during trial in defense of himself.
should be the State that proves the guilt of accused,
and not that the accused proves his innocence. It is the 2. Related Rights. Participation of the accused in the
prosecution (State) who has the burden of overcoming right to be heard includes three specific rights: (a) the
the presumption of innocence. It should rely on its own right to present evidence and to be present at the trial;
merits and not on the weakness of the defense. (b) the right to be assisted by counsel; and (c) the right
to compulsory process to compel the attendance of
2. When Presumption is Overcome. The presumption of witnesses in his behalf.[82]
innocence is overcome by proof beyond reasonable
doubt. Under the rules of evidence, proof beyond 3. Ratio of Right to Counsel. The right of the accused to
reasonable doubt is the highest quantum of evidence. counsel is based on the reason that only a lawyer has a
Such proof requires that the court is morally certain substantial knowledge of the rules of evidence, and a
that the accused is guilty of the crime, so that if there is non-lawyer, in spite of his education in life, may not be
reasonable doubt that lurks in the mind of the judge, aware of the intricacies of law and procedure. Depriving
the accused must be acquitted. When the defense a person of such right constitutes violation of due
creates reasonable doubt, the presumption of process.
innocence remains. It must be noted that the certainty
required by law is not absolute certainty but moral 4. Related Right. Included in the right to counsel is
certainty as to every proposition of proof requisite to the duty of the court to inform the accused of his right
constitute the offense.[80] to counsel before arraignment and to give a counsel in
case the accused cannot afford the services of one. The
3. Why Right is Granted. The philosophy behind the very counsel representing the accused must be independent
high quantum of evidence to establish the guilt of the and competent. A counsel who has a divided interest
accused is expressed by the court as follows: “It is between the prosecution (State) and the defense
better to acquit a person upon the ground of (accused) is disqualified on the ground of lack of
reasonable doubt even though he may in reality be independence and conflict of interest.
guilty, than to inflict imprisonment on one who may be
innocent.”[81] Right to be Informed of Nature and Cause of Accusation
1. Right to be informed is again an essential aspect of conducted after the presentation and direct
procedural due process. The constitutional mandate is examination of witnesses by the opposing side. Both
complied with by the arraignment of the accused in parties are allowed to test the veracity of the
which he is informed by the court of the offense testimonies presented by the other.
charged to which the accused either pleads guilty of not
guilty. Right to Compulsory Process

2. Well-settled is the rule that the allegations in the 1. Reason for the Right. The form of criminal proceeding
complaint and not the title of the case that determines is adversarial because two opposing parties battle out
the nature of the offense. against each other and only one of them could emerge
as victor. It is often the case that the party with the
Right to Speedy, Impartial and Public Trial weightier evidence wins. In criminal proceedings, the
accused needs only to create reasonable doubt on the
1. Right to speedy trial is based on the maxim mind of the court to be acquitted. Nevertheless,
that “justice delayed is justice denied.” Unreasonable evidence is difficult to find because of people’s anxiety
delays may result to a prolonged suffering of an in testifying in court as well as their dislike for
innocent accused or an evasion of justice by a truly burdensome court processes. In recognition therefore
guilty person. It offends not just the accused but also of this fact, the law and the rules give the accused the
the State, inasmuch as what is at stake is the speedy, right to avail of compulsory means for attendance of
inexpensive, and orderly administration of justice. witnesses and production of needed document or
Undue postponements not only depletes the funds of things.
the defense but also of prosecution. Thus, if the
prosecution unreasonably delays the criminal 2. Kinds of Compulsory Processes. When the person
proceedings because of too many postponements and sought to testify is uncooperative or just afraid of court-
unjustifiable absences, the accused may be acquitted on related actions, the remedy of subpoena ad
the ground of violation of right to speedy trial. This does testificandum may be availed to compel the person to
not, however, mean that the court cannot grant testify. When relevant documents are needed but the
reasonable postponements. What is prohibited is holder thereof refuses to produce them, the remedy
oppressive and vexatious postponements. of subpoena duces tecum may be availed of to compel
the production of the same.[83] These remedies are
2. Right to impartial trial primarily requires that the also available to the prosecution.
judge who sits in the case must be objective and
renders a decision based on the cold neutrality of the Right to be Present
evidence presented. For instance, a judge who is hostile
to the accused based on his comments and utterances, 1. Meaning and Purpose of the Right. As a rule, the
or who is substantially swayed by the prejudicial accused has the right to be present at all stages of trial,
publicity of the case, is a partial judge and must be from arraignment to rendition of judgment, in order
inhibited from the case. that he may be informed of what transpires in every
stage of the proceedings, to guard himself from
3. Right to public trial demands that the proceedings be technical blunders, and ultimately, to fully defend
conducted in such a way that the public may know what himself from the accusation against him. Thus, it is
transpires during the trial. It is not necessary that the again an incident of criminal due process.
entire public can witness the proceedings; it is enough
that the relatives and friends of the interested parties 2. Waiver of Right. Right to be present, inasmuch as it is
are accommodated in the trial venue. In fact, the court a right, may be waived by the accused. For as long as it
is allowed under the rules to order the public to leave does not prejudice others, rights may be waived by its
the premises of the court room in interest of morality possessor. An example of a valid waiver of the right to
and order. be present is the so-called trial in absentia. Even in the
absence of the accused, trial may still proceed (trial in
Right to Meet the Witnesses Face-to-Face absentia) if after his arraignment and notification of the
date of the hearing, he still unjustifiably failed to
The right to confrontation enables the accused to test appear. The effect of the waiver is that the accused will
the credibility of the witnesses. The right is reinforced no longer have the right to present evidence and
under the rules of criminal procedure by the so- confront the witnesses.
called cross-examination. Cross-examination is
3. When Right not Waivable. It must be noted that the judicial, or administrative. Thus, right to speedy
presence of the accused becomes a duty, and therefore disposition of cases is broader than right to speedy trial.
not waivable, in the following: (a) During arraignment
and plea;[84] (b) When he is to be identified;[85] (c) RIGHT AGAINST SELF-INCRIMINATION
During the promulgation of judgment, except when it is
Meaning of Right against Self-Incrimination
for a light offense.[86] In all these instances, the
accused must appear because his non-appearance may Section 17, Article III provides that “no person shall be
either prejudice his rights or that of the State. compelled to be a witness against himself.” This
constitutional guarantee is better known as right
PRIVILEGE OF THE WRIT OF HABEAS CORPUS
against self-incrimination. The right allows a person not
1. Constitutional Provision. Section 15, Article III states to answer an incriminating question. An incriminating
that “the privilege of the writ of habeas corpus shall not question is one that if answered renders a person liable
be suspended except in cases of invasion or rebellion, for an offense. However, it is only when the
when the public safety requires it.” This is a reiteration incriminating question is put to a witness stand that the
of Section 18, Article VII. What is constitutionally right may be invoked.
guaranteed is the right of a person detained by another
When Right Available
to test or challenge, through habeas corpus, the validity
of his detention when the authority of the detaining 1. The right is available in all government proceedings,
person or agency is at issue. whether criminal or civil, and whether judicial or quasi-
judicial or administrative. It is even available in
2. The writ of habeas corpus is a written order issued by
legislative investigations and impeachment
the court directed to a person detaining another
proceedings. In addition, the right may be invoked by all
commanding him to produce the body of the prisoner
persons subject to judicial examination and legislative
at a designated time and place, with the day and cause
investigation. Thus it may be invoked not just by the
of his capture and detention, to do, to submit to, and to
accused in criminal cases, but also defendants in civil
receive whatever court or judge awarding the writ shall
cases, and witnesses in all kinds of proceedings.
consider in his behalf. When a person is illegally
confined or detained, or when his liberty is illegally 2. The right, nonetheless, is not self-executing. It is not
restrained, he has the constitutional right to file a automatically operational once an incriminating
petition of habeas corpus. Should the court find out question is asked. It must be properly invoked by
that the person is illegally confined or detained, he shall objecting to an incriminating question. For example,
be immediately released from detention. when a witness is subjected to direct examination by
the opposing party, and the opposing counsel asked
3. When Privilege Suspended. The privilege of habeas
“was there an instance that you cheated on your wife?,”
corpus is suspended in cases of rebellion or invasion.
the right may be invoked by a timely objection to the
This is in order to meet the exigencies in such cases.
incriminating question. If no objection is raised, then
4. Writ of Amparo. Aside from the writ of habeas the answer may be used as evidence against the
corpus, the writ of amparo is another available remedy witness for the proper criminal charge.
to any person whose right to life, liberty, and security
3. Although all persons subject to judicial, quasi-judicial,
has been violated or threatened to be violated by an
administrative, and legislative investigations can invoke
unlawful act or omission of a public official or
the right under proper circumstances, special utilization
employee, or of a private individual or entity. This
of the right is given to the accused. A witness can invoke
remedy is especially available in cases of enforced
the right only when the question tends to be self-
disappearances and extrajudicial killings.
incriminating, but an accused can invoke the same in
RIGHT TO SPEEDY DISPOSITION OF CASES two ways. First is by refusing to testify altogether during
trial. And the second is, when he chooses to testify, by
Section 16, Article III states that “all persons shall have refusing to answer questions that tend to incriminate
the right to a speedy disposition of their cases before all him for another offense.
judicial, quasi-judicial, or administrative bodies.” Unlike
the right to speedy trial which applies only in criminal 4. In criminal proceedings what is prohibited is physical
proceedings, the right to speedy disposition of cases or moral compulsion to extort communication from the
may be invoked in all cases, whether judicial, quasi- accused. Subjecting the body of the accused when
material to solve the case is allowed and not violative of 2. Slavery is an ancient practice of treating man as a
the right. In one case, the Court held that writing is not commodity under the complete power of the master.
a pure mechanical act but requires the use of the This has never been practiced in the Philippines, but has
intellect. Thus, an accused cannot be compelled to write its remnants in modern forms of enforced labor and
or sign and use the same as evidence against him. peonage. Enforced labor happens when a person is
unlawfully compelled to work against his will; it is
5. State witnesses cannot avail of the right because the involuntary and to a certain extent resembles slavery.
very purpose of their being state witnesses is to give When a person, because of poverty or lack of money,
them immunity or protection to testify. Their works for another in payment of his debt, the same is
testimonies are so crucial to the resolution of a criminal prohibited by the present guarantee even if the service
case so that in attainment thereof immunity is given to is rendered voluntarily. This voluntary service in
them by the State. This means that they will no longer payment of debt is called peonage. While it appears
be prosecuted for the crime for which they are voluntary, peonage is prohibited because the person is
testifying. Since they have to unravel everything, even forced to work by the circumstances of his
their guilt, in exchange of immunity, the right against indebtedness, although not by his creditor.
self-incrimination could no longer be invoked.
2. Exceptions. Involuntary servitude may be allowed
Basis of the Right under the following instances: (a) as punishment for
crime; (b) in the case of personal, military or civil service
1. The philosophy behind the constitutional guarantee is
in defense of the State; and (c) in compliance to a
similar to the other rights of the accused. From the very
return to work order issued by the Department of Labor
start, the accused is already in an adverse position
and Employment.
pitted against the entire machinery of the State. If
evidence will still be taken from the lips of the accused, RIGHT AGAINST EXCESSIVE FINES AND CRUEL
it would even tilt the scales heavily in favor of the State. PUNISHMENTS
2. The right is founded on public Meaning of Excessive Fine and Cruelty
policy and humanity.[87] Public policy demands that a
person be spared from answering incriminating 1. Constitutional Provision. Section 19(1), Article III
questions because requiring him would likely lead to states that “excessive fines shall not be imposed, nor
the crime of perjury, which is basically lying to the court cruel, degrading or inhuman punishment inflicted…”
after having promised to tell the truth and nothing but
the whole truth. Humanity prevents extorting 2. A fine is excessive when it is unreasonable and
confession by duress. beyond the limits prescribed by law. The amount of the
fine is said to be unreasonable if the court does not take
RIGHT AGAINST INVOLUNTARY SERVITUDE into consideration certain standards, such as the nature
of the offense, and the circumstances of the person
1. Constitutional Provision. Section 18, Article III punished by fine. The imposed fine may never go
provides that no person should be detained solely by beyond the statutory prescription, otherwise it is
reason of his political beliefs and aspirations, nor should unlawfully excessive.
involuntary servitude in any form exist, except as a
punishment for a crime. The first part of the provision 3. A punishment is cruel when it is shocking to the
deals with the right not to be detained by reason solely conscience of mankind and it involves prolonged
of political beliefs and aspirations. This is essentially suffering and agony to the person punished. For a
embodied in the freedom of expression but with penalty to violate the constitutional guarantee, it must
emphasis on the prohibition against incarceration of be so flagrant and oppressive so as to be degrading to
“political prisoners.” The second part deals with the human dignity, and it must be unreasonably
right against involuntary servitude. Involuntary disproportionate to the nature of the offense as to
servitude refers to the compulsory service of another or shock the senses of the community.[88] The mere
simply modern day slavery. The right is based on the severity of a penalty does not make the punishment
egalitarian principle of democracy which prescribes cruel or inhumane, for as long as it is within the limits
equality of everyone in law, and on humanity which provided by law. As one maxim states, “even if the law
prevents degradation of human dignity through is harsh, it is still the law (dura lex sed lex).” A penalty
enforced labor. that is germane to purpose of the penal law is not cruel
and inhumane.
4. Lastly, a penalty must be acceptable to the Proper Treatment of Persons Legally Detained or
contemporary society. Ancient forms of punishment, Imprisoned
such as pillory, disembowelment, and crucifixion, which
are already considered barbarous practices, are cruel 1. Constitutional Provision. Section 19(2), Article III
and inhumane. If a person, for instance, is paraded provides that “the employment of physical,
around town naked with a tag on his neck saying “I am a psychological, or degrading punishment against any
thief; do not imitate me,” the form of punishment is prisoner or detainee or the use of substandard or
cruel and inhuman; it is barbarous and so ancient that it inadequate penal facilities under subhuman conditions
is no longer acceptable to the present-day society. shall be dealt with by law.”

Death Penalty 2. Purpose of the Right. This constitutional guarantee

recognizes the inalienability of human dignity. Even
1. Constitutional Provision. Section 19(2) also states when a person is imprisoned or detained, and even if he
that “… neither shall death penalty be imposed, unless, commits heinous crimes, he is still a person entitled to
for compelling reasons involving heinous crimes, the proper treatment and protection. Paraphrasing it, the
Congress hereafter provides for it. Any death penalty Constitution provides that even if a person is
already imposed shall be reduced to reclusion imprisoned or detained, he must be protected against
perpetua.” The present provision abolishes death physical, psychological, or degrading punishment, and is
penalty, although with a reservation that the Congress entitled to the use of standard or adequate penal
can subsequently pass a law imposing it for compelling facilities under humane conditions.
reasons involving heinous crimes.

2. Death Penalty not Cruel. The constitutional provision

on death penalty or capital punishment does not RIGHT AGAINST IMPRISONMENT FOR DEBT
explicitly mention that it is cruel and inhumane. In fact,
1. Constitutional Provision. Section 20, Article III
the Constitution allows the Congress to impose death
provides that “no person shall be imprisoned for debt or
penalty for the right reasons. It could even be argued
non-payment of a poll tax.”
that extinguishment of human life is not cruel and
inhumane for the following reasons: 2. A debt, as covered by the constitutional guarantee,
refers to a contractual obligation by a debtor to pay
(a) It is proportionate to the nature of the offense.
money to the creditor. If by reason of poverty or lack of
Death penalty may only be imposed by Congress in the
money a person cannot pay his debt, he cannot be
commission of heinous crimes and for compelling
imprisoned by reason thereof. The creditor only has
reasons. Heinous crimes are crimes which are so
himself to blame if he voluntarily agreed to lend money
flagrant and evil so as to be shocking to the conscience
to someone who apparently cannot pay or whom he
of civilized persons, such as genocide, rape with
thought could pay but did not. Nevertheless, although
homicide, murder, rebellion, and treason, especially
the debtor cannot be imprisoned, his property may be
when committed against the innocent and helpless.
taken or attached by the court, and then sold at public
With compelling reasons, Congress may impose death
auction in payment of his debt to the creditor.
penalty since it is proportionate to the atrocities
committed; 3. Estafa is not covered by this constitutional guarantee.
What is punished in estafa is not the non-payment of
(b) This form of penalty still has currency in the
debt but the deceit accompanying the act of non-
contemporary time. Death by lethal injection is
payment.
prevalently practiced by many countries for the
punishment of heinous offenses; and 4. Non-payment of poll tax cannot be a cause of
imprisonment. A poll tax is a tax of a fixed amount
(c) Death by lethal injection is not cruel and inhumane
imposed on individuals residing within a specified
because it does not prolong suffering or inflict
territory, whether citizens or not, without regard to
excruciating agony to the person punished. In truth, it
their property or the occupation in which they may be
only induces the person to sleep through a lethal
engaged.[89] Community tax or residence tax is an
substance injected in the bloodstream which thereafter
example of poll tax. As far as poll tax is concerned, non-
painlessly put the person to death.
payment is not punished by the government in
consideration of the plight of the poor who cannot even
afford to pay it. Poverty could never be a reason for a after arraignment; (d) when a valid plea has been
person’s imprisonment. It must be emphasized, entered; and (e) the case was dismissed or otherwise
however, that as regards other forms of taxes, non- terminated without the consent of the accused. A case
payment may be a cause of imprisonment. Failure to is said to be terminated without the consent of the
pay income taxes is considered a crime (tax evasion), accused when there is acquittal or a final decision
and punishable under the law by imprisonment. convicting him.

2. To substantiate therefore the claim for double

jeopardy, the following must be proven:
RIGHT AGAINST DOUBLE JEOPARDY
(a) A first jeopardy must have attached prior to the first
Meaning of Double Jeopardy jeopardy;
1. Constitutional Provision. Section 21, Article III states (b) The first jeopardy must have been validly
that “no person shall be twice put in jeopardy of terminated; and
punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under (c) The second jeopardy must be for the same offense,
either shall constitute a bar to another prosecution for or the second offense includes or is necessarily included
the same act.” This is more famously known as the right in the offense charged in the first information, or is an
against double jeopardy. attempt to commit the same or is a frustration thereof.

2. Double jeopardy means that a person is twice put at RIGHT AGAINST EX POST FACTO LAW AND BILL OF
the risk of conviction for the same act or offense. The ATTAINDER
right against double jeopardy therefore means that a
person can only be indicted or charge once by a Meaning of Ex Post Facto Law
competent court for an offense. When a person, for
1. Constitutional Provision. Section 22, Article III
instance, has been charged of homicide and the court
provides that “no ex post facto law or bill of attainder
acquitted him of the case, he can no longer be
shall be enacted.”
prosecuted for the same offense or act. He can now
invoke his right against double jeopardy. 2. An ex post facto law is one which:
3. There are two types of double jeopardy. The first (a) Makes criminal an act done before the passage of
happens when a person is put twice in jeopardy of the law which was innocent when done, and punishes
punishment for the same offense, and the second such an act;
happens when an act is punishable by a law and an
ordinance at the same time, in which case the (b) Aggravates a crime, or makes it greater than it was,
conviction or acquittal in either one of them constitute when committed;
as bar to another prosecution for the same act.
(c) Changes the punishment and inflicts a greater
3. The requisites of double jeopardy are:[90] punishment than the law annexed to the crime when
committed;
(a) A valid complaint or information;
(d) Alters the legal rules of evidence, and authorizes
(b) Filed before a competent court; conviction upon less or different testimony than the law
required at the time of the commission of the offense;
(c) To which the defendant has pleaded; and
(e) Assuming to regulate civil rights and remedies only,
(d) The defendant was previously acquitted or convicted
in effect imposes penalty or deprivation of a right for
or the case dismissed or otherwise terminated without
something which when done was lawful; and
his express consent.
(f) Deprives a person accused of a crime of some lawful
When Double Jeopardy Could Be Claimed
protection to which he has become entitled, such as the
1. Before double jeopardy could be claimed, there must protection of a former conviction or acquittal, or a
be a first jeopardy. The first jeopardy attaches only: (a) proclamation of amnesty.[91]
upon good indictment; (b) before a competent court; (c)
3. Applicable only in Criminal Cases. The constitutional
prohibition applies only in criminal cases.[92] One of the
characteristics of criminal law is prospectivity in which
only crimes committed after the enactment of a penal
are punishable. It cannot retroact and punish acts which
were not yet criminalized before its passage. The basic
rule is that before an act may be considered an offense
or crime, it must first be defined as a crime and a
penalty must be imposed for it under a law passed by
the legislative body. An act therefore is not a crime if
there is no law punishing it. In the same vein, a person
does not commit a crime, no matter how apparently
illegal it is, if there is no law defining and punishing it. It
is for this reason that an ex post facto law is not allowed
because it criminalizes what was not yet a crime during
its commission.

Meaning of Bill of Attainder

1. Definition. A bill of attainder is “a legislative act which

inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial determination
of guilt.”[93]

2. Two Kinds of Bill of Attainder: (a) the bill of attainder

proper which involves the legislative imposition of
death penalty, and (b) bill of pains and penalties which
involves imposition of a lesser penalty.

3. Reason for Prohibition. The prohibition against bill of

attainder is an implementation of the principle of
separation of powers. The legislature cannot bypass the
judiciary by enacting a law that punishes an act without
need of judicial proceedings. The legislative department
should be confined to its law-making function; it cannot
encroach the authority of the courts by prescribing a
law that directly adjudges guilt without judicial
determination.

4. Example. In one case, the Court held that the Anti-

Subversion Law (R.A. 1700) is not a bill of
attainder.[94] The law declared the Communist Party of
the Philippines (CPP) a clear and present danger to
Philippine security, and thus prohibited membership in
such organization. It is not a bill of attainder because it
does not define a crime, but only lays a basis for the
legislative determination that membership in CPP and
any other organization having the same purposes is a
crime. It does not automatically secure judgment by
mere membership. In operation, the law does not
render unnecessary judicial proceedings. The guilt of
the individual members of subversive groups must still
be judicially established.