Bataan Heroes College

Balanga City, Bataan

Balanga City, Bataan

HUMAN RIGHTS
INTRODUCTION TO
EDUCATION
CRIMINOLOGY

NIÑA ALYANNA L. CERUDO

INSTRUCTOR
CRIMINAL JUSTICE DEPARTMENT

NIÑA ALYANNA L. CERUDO

INSTRUCTOR
CRIMINOLOGY DEPARTMENT
 BATAAN HEROES COLLEGE

This module or any portion thereof may not be reproduced, copied, transmitted, or
distributed in any manner whatsoever without the express written permission of the College or the
Author.

For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City,
Bataan, Philippines
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LESSON 5.2: 1987 Philippine Constitution

Bill of Right
Learning Objectives:

After studying this module, you should be able to:

1. Understand the meaning of Bill of Rights;
2. Discuss the concepts of Due Process;
3. Explain the various rights enshrined in the Bill of Rights.

Course Schedule
Week Module No Module

7-8 5.2 B. 1987 Philippine Constitution (Bill of Right)

a. Concepts of Bill of Rights

 Section 1
 Aspect of due process of laws
 Equal protection of law in the administration of justice
 Section 2
 Right against unreasonable search and seizure
 Section 3
 Right of Privacy
o Writ of Habeas Data
 Section 4
 Rights guaranteed: Freedom of speech, of expression, and the
press
 Section 12
 Rights of the person under custodial investigation and anti-
torture act in conducting criminal investigation
 Section 15
 Writ of Habeas Corpus
 Writ of Amparo
 Writ of Habeas Data
 Section 17

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 Right against self-incrimination

RA 7438

 Laws on Rights of the Persons Arrested, Detained and Under

Custodial Investigation

RA 9745

Anti-Torture Law

We have the Bill of Rights

What we need is a Bill of Responsibilities
By: Bill Maher

What is the Bill of Rights?

 The Bill of Rights is the declaration and enumeration of individual rights and privileges
and is designed to protect violations against individuals and a limitation upon the power of
the state.
 The bill of rights may be defined as a declaration and enumeration of the individual rights and
privileges which the constitution is designed to protect against violations by the government or by
individual or groups of individuals.
 It is a character of liberties for the individual and a limitation upon the power of the state.

CLASSIFICATION OF RIGHTS
1. NATURAL RIGHTS
 Refers to rights possessed by every citizen without being granted by the state for they are
conferred upon by god to human beings so that he may live a fulfilled life.
2. CONSTITUTIONAL RIGHTS
 Pertain to the rights which are conferred and protected by the constitution. They cannot be
modified or taken away by the law making body.

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3. STATUTORY RIGHTS
 These are the rights provided by laws promulgated by the law making body and may be
abolished by the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. POLITICAL RIGHTS
 They are the rights of the citizen which give them the power to participate directly or
indirectly, in the establishment or administration of the government.
 Example: right of citizenship; suffrage.
2. CIVIL RIGHTS
 They are the rights which the law will enforce at the instance of private individuals for the
purposes of securing them the enjoyment of their means of happiness.
3. SOCIAL AND ECONOMIC RIGHTS
 These are rights which are intended to insure the well-being and economic security of an
individual.
4. RIGHTS OF THE ACCUSED
 They are the rights intended for the protection of a person accused of any crime.
5. HUMAN RIGHTS
 Refer to those rights which human beings have, simply because they are human beings.
 These rights are quite independent of social circumstances or the achievement level which
the individual has attained.

ARTICLE III – BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied of the equal protection of the laws.
Life
 Means something more than mere animal existence. The prohibition against its
deprivation without due process extends to all the limbs and faculties by which life is
enjoyed.

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Liberty
 Denotes not merely freedom from physical restraint. It is also embraces the right of
man to use his faculties with which he has been endowed by his creator subject only to
the limitation that he does not violate the law or the rights of others.
Property
 May refer to the thing itself or to the right over the thing.
Equal of protection of the laws
 Equal protection of the law it means that all persons or things similarly situated be
treated alike both as to rights conferred and responsibilities imposed.
Due Process
 By the law of the land is most clearly intended the general law
 A law which hears before it condemns; which proceeds upon inquiry, and renders
judgment only after trial.
 The legal requirement that requires the state to respect all the legal rights owed to a
person. Due process balances the power of the state and protects the individual person
from the power of the state.
ASPECT OF DUE PROCESS
1. PROCEDURALPROCESS
 Procedural due process as the phrase implies, refers to the procedures that the
government must follow before it deprives a person of life, liberty or property.
A. In judicial proceedings
a. An impartial court clothed by law with authority to hear and determine the matter
before it
b. Jurisdiction lawfully acquired over the person of the defendant or property which is the
subject matter of the proceeding
c. Opportunity to be heard given to the defendant
d. Judgment to be rendered after a lawful hearing

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2. SUBSTANTIVE DUE PROCESS

 Which requires that the law itself, not merely the procedures by which the law would
be enforced, is fair, reasonable, and just.
 As that phrase connotes, ask whether the government has adequate reason for taking
away a person’s life, liberty, or property.
 In other words, substantive due process looks to whether there is a sufficient
justification for the government’s action.
a. Thus a tax which is imposed for a private purpose constitutes a taking of property
without due process as it is beyond the authority of the legislature to levy.
b. Likewise, the taking of property for private use or without payment of just
compensation offends substantive due process.

SECTION 2. The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the complainant
and the witness he may produce, and particularly describing the place to be searched and the
persons or things to be seized.
Rights against Unreasonable Search and Seizure
 The purpose is to protect the privacy and the sanctity of the person and of this house and
other possessions found therein against arbitrary intrusions by agents of the state.
Meaning of Search Warrant and Warrant of Arrest
Search Warrant
 It is an order in writing, issued in the Name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for certain personal
property and bring it before the court.
 a written order of the court, authorizing or directing a peace officer to search a specific
location, house, or other premises for a personal property allegedly used in a crime or may
be utilized as a tool to prove a crime.

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Warrant of Arrest
 A written order of the court, issued in the name of the Philippines, authorizing a peace
officer to arrest a person, and put him under the custody of the court.
Scope of Protection
Persons
 The protection applies to everybody, to citizens as well as aliens in the Philippines, whether
accused of crime or not.
Houses
 The protection is not limited to dwelling houses but extends to garages, warehouse, shop,
store, office, and even a safety deposit vault.
Papers and effects
 They includes sealed letters and packages in the mail which may be opened and examined
only in pursuance of a valid search warrant.

REQUISITES OF VALID WARRANT

1. Probable cause is present;
2. Such presence is determined personally by the judge;
3. The complainant and the witnesses he or she may produce are personally examined by the
judge, in writing and under oath or affirmation;
4. The applicant and the witnesses testify on facts personally known to them; and
5. The warrant specifically describes the person and place to be searched and the thing to be
seized.
PROBABLE CAUSE
 It meant such facts and circumstances antecedent to the issuance of a warrant sufficient in
themselves to induce a cautions man to rely upon them and act in pursuance thereof.
 Probable cause means “such reasons, supported by facts and circumstances as will warrant
a cautious man in the belief that his action and the means taken in prosecuting it are legally
just and proper.

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 As implied by the words themselves, “probable cause” is concerned with probability, not
absolute or even moral certainty. The prosecution need not present at this stage PROOF
BEYOND REASONABLE DOUBT.
KINDS OF DETERMINATION OF PROBABLE CAUSE
1. Executive determination
 Determined by the prosecutor during preliminary investigation.
 Purpose: to justify the filing of information in court.
2. Judicial determination
 Determined by the judge after the information is filed.
 Purpose: to justify the issuance of a warrant of arrest.

RULES OF COURT RULE 113 (ARREST) SEC. 5

A. When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense; IN FLAGRANTE DELICTO
B. When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed
it; AND HOT PURSUITDOCTRINE
C. When the person to be arrested is prisoner who has escaped from a penal establishment or
place where he’s I serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
ESCAPEE
REQUISITES FOR A VALID ARREST IN FLAGRANTE DELICTO
 For a warrantless arrest of an accused caught in flagrante delicto under paragraph (a) of
section 5 to be valid, two requisites must concur;
1. The person to be arrested must execute an overt act indicating that he has just committed,
is actually committing, or is attempting to commit a crime;
2. Such overt act is done in the presence or within the view of the arresting officer.
 PEOPLE VS LAGUIO, MARCH 16, 2007

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CONDITIONS FOR A VALID HOT PURSUIT ARREST

 First, the offender has just committed an offense.
 Second, the arresting peace officer or private person has personal knowledge of facts
indicating that the person to be arrested has committed it.
 It has been held that personal knowledge of facts in arrest without a warrant must be based
upon probable cause, which means an actual belief or reasonable grounds of suspicion.
 PEOPLE VS CUBCUBIN, JULY10, 2001
What is Citizen Arrest?
 It must be noted that a lawful warrantless arrest may be performed not just by a peace
officer but also by a civilian. This is permitted under the rules under limited circumstances,
and it is called citizen arrest.
NOT ALL CHECKPOINTS ARE ILLEGAL
1. For as long as the vehicle is neither searched;
2. Nor its occupants subjected to a body search;
3. The inspection of the vehicle is limited to visual search,
4. Said routine check cannot be regarded as violate of an individual's right against
unreasonable search.
5. In fact, these routine checks, when conducted in a fixed area, are even less intrusive.–
People of the Philippines VS Escano, JANUARY 28,2008
PNP CHECKPOINT GUIDELINES
1. Checkpoints must be well-lighted, property identified and manned by uniformed personnel.
2. Upon approach, slow down, dim headlights and turn on cabin lights.
3. Never step out of the vehicle.
4. Lock all doors of vehicles during inspection since only visual search is allowed.
5. Never submit to physical and body search.
6. Motorists are not required to open their glove compartment, trunk or bags.
7. Be courteous but film in answering, assert your rights, have a presence of mind and do not
panic.
8. Keep your driver’s license and car registration handy.
9. Be ready to use your mobile phones at any time; speed dial emergency numbers;
10. Report violations immediately.

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WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

1. CONSENTED SEARCH
 When the right against warrantless search has been voluntarily waived. (PEOPLE V.
MALASUGUI, 63PHIL 221)
 The fact that the accused failed to object to the entry into his house does not amount to a
permission to make a search therein (PEOPLEVS. COMPACIONG.R.NO.124442, JULY
20,2021)
Factors that will determine whether the consent is voluntary
a. The age of the defendant;
b. Whether he was on a public or secluded place;
c. Whether he objected the search or passively looked on;
d. The education of intelligence of the defendant;
e. The presence of coercive police procedure;
f. The defendant’s belief that no incriminating evidence will be found;
g. Nature of police questioning;
h. . The environment in which the questioning took place; and
i. The possibly vulnerable subjective state of the person consenting.
 (CABALLES V. CA, GR NO. 136292, 2002)

2. SEARCH INCIDENTAL TO LAWFUL ARREST

 A person may be lawfully arrested may be searched for dangerous weapons or anything
which may have been used or constitute proof in the commission of an offense without a
search warrant.
 SECTION 13, RULE 126, REVISED RULES ON CRIMINAL PROCEDURE
3. WHEN THERE IS A GENUINE REASON TO “STOP AND FRISK”
 This is in the light of the police officer’s experience and surrounding conditions to warrant
a belief that the person detained has weapons concealed.
 MALACAT V. COURT OF APPEALS, DECEMBER 1, 1997, CITING TERRY VS.
OHIO

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4. SEARCH OF MOVING VEHICLE

1. Where the officer merely draws aside the curtain of a vacant vehicle which is parked on
the public fair grounds;
2. Simply looks into a vehicle;
3. Flashes a light therein without opening the car door’s;
4. Where the occupants are not subjected to a physical or body search.
5. Where the inspection of the vehicles is limited to a visual search or visual inspection; and
6. Where the routine check is conducted in a fixed area.
 CABALLES VS. COURT OF APPEALS JANUARY15, 2002

5. GENERAL RULE FOR THE APPLICATION OF PLAIN VIEW DOCTRINE

1. Prior valid intention based on valid warrantless arrest in which the police are legally present
in the pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who have the right to be where
they are;
3. The evidence must be immediately apparent; and
4. Plain view justified were seizure of evidence without further search.
 PEOPLE OF THE PHILIPPINES VS.COMPACION,JULY20, 2001

PEOPLE VS DORIA, JANUARY 22, 1999

 Objects falling in plain view of an officer who has a right to be in the position to have that
view are subject to seizure even without a search warrant and may be introduced in
evidence.
THE RIGHT TO SECURITY OF PERSON
 First, the right to security of person is “freedom from fear.”
 Second, the right to security of person is a guarantee of bodily and psychological integrity
or security.
 Third, the right to security of person is a guarantee of protection of one’s rights by the
government.

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SECTION 3.
1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law;
2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.
RIGHT TO PRIVACY
 The right to privacy is one of the most threatened rights of man living in a mass society;
 The threats emanate from various sources – government, journalists, employers, social
scientist, etc.
 OPLE VS.TORRES JULY, 23, 1998
Exceptions are:
 As a rule, the government cannot intrude into the privacy of communication and
correspondence except:
a. When the court allows the intrusion, and
b. When public safety and order so demands.

Exclusionary Rule
 The exclusionary rule states that any evidence unlawfully obtained is inadmissible as
evidence before the courts. This is based on Section 3 (2), Article III which provides that
any evidence obtained in violation of right to privacy of communication or right to due
process of law shall be inadmissible for any purpose in any proceeding.
 The rule is also call Fruit of the Poisonous Tree Doctrine. The name of the doctrine
metaphorically describes what happens to an “evidence” (fruit) taken through “unlawful
means” (poisonous tree). The evidence-fruit is discarded because it may infect or destroy
the integrity of the case and forfeit the purpose of the law.
EVIDENCE ILLEGALLY OBTAINED
 Any evidence obtained in violation of the right against unreasonable search and seizure
and the right to privacy of communication and correspondence is inadmissible for any
purpose in any proceeding;

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 The reason for the inadmissibility of evidence is that it has been unlawfully acquired. The
exclusion of it is the only way of enforcing the constitutional guarantees;
 Evidence obtained in illegal seizure should be returned to the rightful owner unless they
are in themselves prohibited or forbidden by law.
WRIT OF HABEAS DATA
 The writ of habeas data is a judicial remedy available to any individual whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission
of a public official or employee or of a private individual or entity engaged in the gathering,
collecting, or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party.

ZULUETA VS. COURT OF APPEALS, FEBRUARY20, 1996

 A person by contracting marriage, does not shed his/her integrity or his right to privacy as
an individual and the constitutional protection is ever available to him or to her.

DATA PRIVACY ACT REPUBLIC ACT NO. 10173

1. The right of an individual
2. Not to have information about himself disclosed,
3. To live freely from surveillance and intrusion.

REPUBLIC ACT NO. 11055 NATIONAL ID SYSTEM

What is the Philippine Identification System OR PHILSYS?
 It’s a system that centralized all personal information of Filipino citizens and resident aliens
and generates a Philippine id (PHILD) and PHILSYS number (PSN) that will be used to
authenticate their identity in all government and private sector transactions;
 This includes application for driver’s license, passport, tax-related transactions, voter’s
registration, application to schools, and bank transactions.

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NATIONAL ID SYSTEM IS NOT A VIOLATION OF RIGHT TO PRIVACY

 The right to privacy does not bar the adoption of reasonable id system by government
entities.
 Executive order 420 applies only to government entities that issue ID cards as part of their
functions under existing law.
 Examples of these government entities are the GSIS, SSS, PHILHEALTH, MAYOR’S
OFFICE, LTO, PRC and similar government entities.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.
What are the four (4) aspects of freedom of expression?
a. Freedom of speech
b. Freedom of expression
c. Freedom of the press
d. Freedom of assemble
What is Freedom of expression, speech and the press and assembly?
 The right to freely utter and publish whatever one pleases without previous restraint and to
be protected against any responsibility for so doing as it does not violate the law or injure
someone’s character, reputation, or business.
NATURE AND SCOPE OF FREEDOM OF SPEECH AND THE PRESS
 This embodies the essence and spirit of freedom of speech and of expression in a free and
democratic society.
LIBEL
 A libel is public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory
of who is dead.- Article 353, revised penal code.

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REPUBLIC ACT NO. 10175

 CYBERCRIME PREVENTION ACT OF 2012 SEPTEMBER 12, 2012
 Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
Why is this guaranteed in the Constitution?
1. Essential for the search of truth
2. Essential for democracy to work
3. Essential for the citizens to promote self-realization and self-determination

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

What is Freedom to choose of Religion?

 Right of man to worship God or whomever or whatever he/she chooses to worship
Two aspects of Freedom of religious profession and worship:
1. Freedom to believe
 Everyone has the absolute right to believe whatever he wants to believe in.
2. Freedom to act
 this is not absolute; actions based on religious beliefs is limited

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety or public health. As may be
provided by law.

RIGHTS GUARANTEED
1. Liberty of abode which is the constitutional right to choose and change one’s residence.
2. The right to travel is the freedom of locomotion or movement in and out of the country.

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Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Scope of the Right
 This cover information on matters of public concern. It pertains to access to official
records, documents, and papers pertaining to official acts, transactions or decisions, as well
as to government research data used as basis for policy development.

Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Freedom to Associate and Unionize Means
 Freedom of association includes the freedom not to associate, or, if one is already a
member, to disaffiliate from the association.
 The right to unionize is an economic and labor right while the right to association in general
is a civil-political right.
THE RIGHT TO FORM UNIONS DOES NOT CARRY WITH IT THE RIGHT TO
STRIKE
 The ability to strike is not essential to the right of association.
 In the absence of statute, public employees do not have the right to engage in concerted
work stoppages for any purpose.
 BANGLISAN, ET. AL VS. COURT OF APPEALS, JULY 31, 1997.

Section 9. Private property shall not be taken for public use without just compensation.
The essential or inherent power of government
1. Power of eminent domain
2. Police power
3. Power of taxation

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What is eminent domain?

 Eminent domain, also often referred to as expropriation and, with less frequency, as
condemnation, is, like police power and taxation, an inherent power of sovereignty.-
COURT OF APPEALS, G.R. NO 106440, JANUARY 29, 1996
 Right or power of the state to take private property for public use upon paying to the
owner a just compensation.
What are the conditions for or limitations upon its exercise?
1. Existence of public us
2. Payment of just compensation
3. Observance of due process of law in the taking

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

 Obligation of contract is the law or duty which binds the parties to perform their agreement
according to its terms or intent, if it is not contrary to law, morals, good customs, public
order or public policy.
 A contract is a meeting of minds between two persons whereby one binds himself with
respect to the other, to give something or to render some service.
 ARTICLE 1305,CIVIL CODE
IMPAIRMENT
 Impairment means diminishing in quality, value, excellence or strength.
 Not every charge that affects contracts constitutes an impairment.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
 One of the rights of the accused is to have adequate legal assistance. To have adequate
legal assistance, the accused must have the right to enter the courts or any quasi-judicial
bodies
 Poverty is not a reason to deny the person the right to access the courts.

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THE PAO
 The PAO shall be the principal law office of the government in extending free legal
assistance to indigent person in criminal, civil, labor, administrative and other quasi-
judicial cases.
 SEC 2, RA 9406
This constitutional provision imposes a duty on the judicial branch of the government which
cannot be taken lightly. “The Constitution”, as aptly stated in one case, “is a law for rulers and for
people equally in war and in peace and covers with the shield of its protection all classes of men
at all times and under all circumstances.

Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms
of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.

MIRANDA RIGHTS (MIRANDA V. ARISONA) – (1)

 In 1963, Ernesto Miranda was arreste in phoenix, Arizona for stealing $8 from bank worker
and charge with armed robbery
 While in police custody he signed a written confession to the robbery, and to kidnapping
and raping an 18-year pold woman 11 days before the robbery.
 After the conviction, his lawyers appealed, on the grounds that Miranda did not know he
was protected from self-incrimination.

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What are the rights of the persons under custodial investigation (Miranda Doctrine)?
1. Right to remain silent
2. Right competent and independent counsel, preferably of his own choice
3. Right to be reminded that if he cannot afford the services of council, he would be provided
with one
4. Right to be informed of his rights
5. Right against torture, force, violence, threat, intimidation or any other means which vitiate
the free will.
6. Right against secret detention places, solitary, incommunicado, or similar forms for
detention.
7. Right to have confessions or admissions obtained in violation of these rights considered
inadmissible in evidence
Why called Miranda Rights?
 the present provision is usually referred to as the “Miranda Rights” because it is an adoption
of the rights provided in the American case “Miranda v. Arizona”
Purpose of Miranda Rights

 The provision emphasizes the duty of law enforcement officers to treat properly and
humanely those under investigation.
When do these rights become available?
 During custodial investigation or as soon as the investigation ceases to be a general inquiry
unto an unsolved crime and direction is aimed upon a particular suspect, as when the
suspect who has been taken into police custody and to whom the police would direct
interrogatory questions which tend to elicit incriminating statements.
NOTE: Sec 2 of Republic Act 7438 provides that custodial investigation shall include the
practice of issuing an invitation to a person who is under investigation in connection with an
offense he is suspected to have committed.
 Rights during custodial investigation apply only against testimonial compulsion
and not when the body of the accused is proposed to be examined (i.e. urine sample;
photographs; measurements; garments; shoes) which is a purely mechanical act.

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What are the rights that may be waived?

1. Right to remain silent
2. Right to council
NOTE: The right to be informed of these rights cannot be waived.
What are the requisites for a valid waiver of these rights?
1. Made voluntarily, knowingly and intelligently
2. Waiver should be made in writing
3. Made with the presence of counsel (PEOPLE V GALIT, 135 SCRA 465, 1980)

WHAT IS THE FRUIT OF THE POISONOUS TREE DOCTRINE?

 This doctrine states that once the primary source (the tree) is shown to have been
unlawfully obtained, any secondary or derivative evidence (the fruit) derived from it is also
inadmissible.
 The rule is based on the principle that evidence illegally obtained by the State should not
be used to gain other evidence, because the originally illegally obtained evidence taints all
evidence subsequently obtained.

PHYSICAL AND PSYCHOLGICAL TORTURE IS PROHIBITED (2)

 Physical torture, force and violence are a severe invasion of bodily integrity.
 when employee to vitiate the free will such as to force the victim to admit, reveal or
fabricate in culminating information, it constitutes an invasion of both bodily and
psychological integrity as the dignity of the human person includes the exercise of free
will. - SECRETARY OF NATIONAL DEFENSE VS MANALO, G.R. NO 180906
OCTOBER 7, 2008

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Section 13. All persons, except those charged with offenses punishable by Reclusion Perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
BAIL
 Bail is a security given for the release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under conditions
hereinafter specified.
 Bail may be given in the form of corporate surety, property bond, cash deposit or
recognizance.
 SECTION 1, RULE 114, REVISED RULES OF CRIMINAL PROCEDURE.

WHEN BAIL IS A MATTER OF RIGHT?

 All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties,
or be released on recognizance as prescribed by law or the Rules of Court.

WHEN IS BAIL A MATTER OF DISCRETION?

 Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment, bail becomes discretionary.

WHEN BAIL IS DENIED?

 If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar circumstances:
a. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
b. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c. That he committed the offense while under probation, parole, or conditional pardon;
d. That the circumstances of his case indicate the probability of flight if released on bail; or
e. That there is undue risk that he may commit another crime during the pendency of the appeal.

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WHO ARE NOT ENTITLED TO BAIL?

a. Persons charged with offenses punishable by reclusion Perpetua or death, when evidence of
guilt is strong.
b. Persons convicted by the trial court. Bail is only discretionary pending appeal.
c. Persons who are members of the AFP facing a court martial

Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure
to appear is unjustifiable.
PRESUMPTION OF INNOCENCE MEANING:
 The presumption of innocence is the legal principle that one is considered "innocent until
proven guilty" the presumption of innocence is a legal right of the accused in a criminal
trial.
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
 It is more than just the presence of a lawyer in the courtroom or the mere propounding of
standard questions and objections. It means that the accused is amply accorded legal
assistance extended by a counsel who commits himself to the cause of the defense and acts
accordingly; an efficient and truly decisive legal assistance, and not simply a perfunctory
representation.
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
 The constitutional right to be informed of the nature and cause of the accusation entitles the
defendant to insist that the indictment apprise him of the crime charged with such
reasonable certainty that he can make his defense and protect himself after judgment
against another prosecution on the same charge.

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RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

1. What is meant by speedy trial?
 The term "speedy" means free from vexatious, capricious and oppressive delays. The factors
to be considered are:
a. Time expired from the filing of information.
b.Length of delay.
c. Reasons for the delay.
d.Assertion or non-assertion of the right by the accused.
e. Prejudice caused to the defendant
2. What is meant by impartial trial?
 The accused is entitled to cold neutrality of an impartial judge, one who is free from interest
or bias.
3. Why must the trial be public?
 It is in order to prevent possible abuses which may be committed against the accused. The
attendance at the trial is open to all, irrespective of their relationship to the accused.
However, if the evidence to be presented is “offensive to decency or public morals,” the
public may be excluded.

RIGHT TO MEET THE WITNESSES FACE TO FACE

What is the purpose of the right of confrontation?
 To afford the accused an opportunity to test the testimony of a witness by cross-examination,
and to allow the judge to observe the deportment of the witness.
RIGHT TO COMPULSORY PROCESS TO SECURE ATTENDANCE OF WITNESS AND
PRODUCTION OF EVIDENCE
What Is the Right to Compulsory Process?
It is the right of the accused to have a subpoena and/ or a subpoena duces tecum issued in his behalf
in order to compel the attendance of witnesses and the production of evidence.

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TRIAL IN ABSENTIA
When may trial in absentia proceed?
 Trial in absentia may proceed if the following requisites are present:
1. Accused has been validly arraigned
2. Accused has been duly notified of the dates of hearing
3. Failure to appear is unjustifiable
TRIAL IN ABSENTIA SHOULD COME AFTER ARRAIGNEMENT
 After arraignment, trial may proceed notwithstanding the absence of the accused provided
that he was been duly notified and his failure to appear is unjustified.
 Without the accused having been arraigned, it becomes academic to discuss the
applicability of his exception to the basic constitutional right that the accused should be
heard by himself and counsel.
 BORJA VS MENDOA, JUNE 20, 1977
QUANTUM OF PROOF FOR CONVICTION –PROOF BEYOND REASONABLE
DOUBT
 Proof beyond reasonable doubt is needed to overcome the presumption of innocence
 Accused-appellants guilt must be proved beyond reasonable doubt
 Courts should be guided by the principle that it would be better to set free 10 who might
probably guilty of the crime charge than to convict one innocent man for a crime he did
not commit.
 PEOPLE OF THE PHILIPPINES VS CAPILI, JUNE 8, 2000
ACCUSATION IS NOT SYNONYMOUS WITH GUILT
 Accusation is not, according to fundamental law, synonymous with guilt.
 It is incumbent on the prosecution to demonstrate that culpability lies.
 Appellant were not even called upon then to offer evidence on their behalf.
 PEOPLE VS GARCIA AND TORREJAS, NOVEMBER 4, 1992

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Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety requires it.
WHAT IS THE WRIT OF HABEAS CORPUS?
 Writ of Habeas Corpus is a writ directed to the person detaining another, commanding him
to produce the body of the detainee at a designated time and place, and to show the cause
of his detention.
 A writ of habeas corpus is an order or a summon applied for by the prisoner or by somebody
on his or her behalf, and is addressed to the person, agency, or prison holding the prisoner.
 It is used to establish whether the state has the authority to detain the prisoner in question.
WRIT OF HABEAS CORPUS
 It is an order by a competent court directing a person detaining another requiring the
former to produce the body of the detainee at a designated time and place and show cause
and explain the reason for such detention.
 It is the best and sufficient remedy by judicial decree, to secure the freedom of an illegally
detained person.
 CABALLES VS COURT OF APPEALS, 452 SCRA 312
What is the Privilege of the Writ of Habeas Corpus?
 It is the right to have an immediate determination of the legality of the deprivation of
physical liberty.
When may the privilege of the writ be suspended?
 The privilege of the writ may be suspended by the President, provided that the following
requisites are present:
1. Existence of actual invasion or rebellion
2. Public safety requires the suspension.
To what situations does the writ of habeas corpus apply?
 The Writ of Habeas Corpus extends to all cases of illegal confinement or detention by which
any person is deprived of his liberty, or by which the rightful custody of any person is
withheld from the one entitled thereto.

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WRIT OF AMPARO
 It is a remedy available to any person whose right to life, liberty and security has been
violated or is threatened with violation by an unlawful act of omission of a political official
or employee or of a private individual or entity.
 the writ covers extralegal killing and enforced disappearances or threats thereof.
WRIT OF HABEAS DATA
 The writ of habeas data is a remedy available to any person whose right to privacy in life,
liberty of security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting
or storing of data of information regarding the person, family home and correspondence of
aggrieved party.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
WHAT IS A "SPEEDY" TRIAL?
 A "speedy" trial basically means that the defendant is tried for the alleged crimes within a
reasonable time after being arrested.
 The right to a speedy disposition of a case, like the right to a speedy trial, is deemed violated
only when the proceeding is attended by vexatious, capricious and oppressive delays;
unjustified postponements; balancing test: conduct of prosecution and defense.
PERIODS TO DECIDE CASES
 All cases or matters filed after the effectively of this constitution must be decided or resolved
within 24 months from date of submission for the Supreme Court.
 12 months for all lower collegiate courts, and
 3 months for all other lower courts. [ARTICLE VIII, SEC. 1(1)]
RESPONSIBILITY OF JUDGES IN MINIMIZING DELAY
 This court has constantly impressed upon judges the need to act promptly on their cases
 Delay in the disposition of case erodes faith and confidence of the people in the judiciary,
lowers its standard, and bring it into disrepute.

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 In the light of the numerous and unreasonable delays in the arraignment or petitioner, the
information filed against him is in order.
 LUMANLAW VS JUDGE PERALTA, FEBRUARY 13, 2006

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

RIGHT AGAINST SELF-INCRIMINATION
 This constitutional privilege has been defined as a protection against testimonial
compulsion, but this has since been extended to any evidence "communicative in nature"
acquired under circumstances of duress (People v. Olvis, G.R. No. 71092, Sept. 30, 1987)
 What is prohibited is the use of physical or moral compulsion to extort communication from
the witness or to otherwise elicit evidence which would not exist were it not for the actions
compelled from the witness.
 Self-incrimination refers to acts or declarations either as testimony at trial or prior to trial
by which one implicates himself in a crime.
WHEN IS A QUESTION INCRIMINATING?
 A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
WHEN IS THE RIGHT AGAINST SELF-INCRIMINATION APPLIED?
 The privilege against self-incrimination can be claimed only when the specific question,
incriminatory in character, is actually addressed to the witness.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.

WHAT IS INVOLUNTARY SERVITUDE?

 It is the condition where one is compelled by force, coercion, or imprisonment, and against
his will, to labor for another, whether he is paid or not.

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Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.
WHEN IS A PENALTY CRUEL AND INHUMAN?
 A penalty is cruel and inhuman if it involves torture or lingering suffering.
WHEN IS A PENALTY DEGRADING?
 A penalty is degrading if it exposes a person to public humiliation.
WHAT ARE THE STANDARDS USED TO DETERMINE IF THE PENALTY IS CRUEL
AND INHUMAN?
a. The punishment must not be so severe as to be degrading to the dignity of human beings.
b. It must not be applied arbitrarily.
c. It must not be unacceptable to contemporary society
d. It must not be excessive, and it must serve a penal purpose more effectively than a less
severe punishment would
e. Excessive fine, or one which is disproportionate to the offense
Note: Mere severity does not constitute cruel or inhuman punishment. To violate constitutional
guarantee, penalty must be flagrant and plainly oppressive, disproportionate to the nature of the
offense as to shock the senses of the community.
REPUBLIC ACT NO 9346 - ABOLISHED DEATH PENALTY
 Republic act no. 9346 on June 23, 2006 prohibiting the imposition of the death penalty, the
penalty that now could be meted out on appellant is reclusion perpetua, and life
imprisonment
 PEOPLE VS DELA CRUS AUGUST 2, 2007

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Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
DEBT
 debt is an amount of money borrowed by one party from another
 it is an obligation that requires the debtor, to pay money or other agreed upon value to
creditor
BATAS PAMBANSA BLG 22.
 April 3, 1979
 any person who makes or draws and issues check
 knowing at the time of issue that he does not have sufficient funds with the drawer bank
for the payment of such check in full upon its presentment,
 dishonored for the same reason had not the drawer, without any valid reason, ordered the
bank to stop payment,
POLL TAX
 A poll tax, also known as head tax or, capitation, is a tax levied as a fixed sum on every
liable individual.
 Community tax or residence tax is an example of poll tax.
 As far as poll tax is concerned, nonpayment 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 person’s imprisonment

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
DOUBLE JEOPARDY
 JEOPARDY MEANS DANGER OR PERIL
 When a person is charged with an offense and the case is terminated either by acquittal or
conviction or in any other manner without the express consent of the accused the latter
cannot again be charged with the same or identical offense

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What are the requisites for the existence of double jeopardy?

1. Court of competent jurisdiction
2. Valid complaint or information
3. Arraignment and plea by the accused
4. Conviction, acquittal, or dismissal of the case without the express consent of the accused.

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

EX POST FACTO LAW

 Latin – “from after the action” or after the facts”

 a law that operates retroactively
 a law that increases the penalty after the commission of an offense
 A law may be given retroactive effect to the accused or it is merely procedural law.

BILL OF ATTAINDER

 also known as an act of attainder or writ of attainder or bill of pains and penalties
 an act or a legislature declaring a person of group of persons guilty of some crime and
punishing them without a trial.

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References
a. Coquia, Jorge R., “Human Rights, An Introductory Course”, Central Professional Books,
Inc., 2000
b. De Leon, Hector S., De Leon, Jr., Hector M., “Constitution Made Simple” 2013 edition,
Rex Book Store, 2013
c. De Leon, Hector S., “Textbook on the Philippine Constitution, 1997 edition”, Rex Book
Store, 1997
d. Atty. Dela Cruz, Jacinto M., PSSUPT. Florendo, Adelene M., “Understanding Human
Rights & International Humanitarian Law”, Wiseman’s Books Trading, Inc., 2017
e. Tancangco, Danilo L., Orlain, Dioscoro C., “Human Rights Education”, Wiseman’s
Books Trading, Inc., 2022
f. Delizo, Darlito Bernard G., “Criminal Law, Jurisprudence and Procedue (Lecture and
Review Materials, 4th edition)”, Crimzone Enterprises
g. Laws on Rights of the Persons Arrested, Detained and Under Custodial Investigation (RA
7438) Anti-Torture Law (RA 9745); International Humanitarian Law (RA 9851) – Law on
9745); International Humanitarian Law (RA 9851) – Law on Armed Conflict; Legal and
Regulatory Framework; and Case Analysis/Studies, R.A. 9262- Anti Violence Against
Women and their Children Act, R.A. 9710- Magna Carta of Women, Indigenous Peoples’
Rights Acts of 1997, Magna Carta for Disabled Persons, Labor Code of the Philippines

h. Role of Forensics in Human Rights Investigation: Ensuring Accountability and Upholding

Justice – Atty. Aloi Renz P. Santos (seminar at Holy Angel University)

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