Article 3

Article 3
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 the
equal protection of the laws.
Section 1. No person shall be deprived of life, liberty, or property without due process of law
• LIFE : Right of an individual to • LIBERTY: right to exist and the

his body in its completeness, right to be free from arbitrary
free from dismemberment, personal restraint or servitude.
and extends to the use of God-
given faculties which make life
enjoyable. • PROPERTY: anything that can
come under the right of
ownership and be the subject
of contract (valid contract).
….Without due process of law
1. Impartial court or tribunal clothed with judicial power to hear and

determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant

and over the property which is the subject matter of the proceeding.
3. The defendant must be given an opportunity to be heard.
4. Judgement must be rendered upon lawful hearing.

Xxx Nor shall any person be denied the equal
protection of law
• All persons or things similarly situated should be treated alike.
• 1. Economic
• 2. Political
• 3. Social
Do the constitution places the civil rights of
aliens on an equal footing with those citizens?
• Answer: YES, except their political

rights. They do not enjoy the same
protection.
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects
against unreasonable searches and seizures of whatever nature and
for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to
be determined personally by the judge after examination under oath
or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be
searched and the persons or things to be seized.
Section 2
• Right protected by the law against unreasonable searches and

seizures.
• Right to Privacy
• Only a judge may validly issue a warrant.

SEARCH WARRANT vs WARRANT OF ARREST
Search Warrant describe particularly the things to be seized when

the description therein is as specific as the circumstances will
ordinarily allow.
Can there be a valid warrantless arrest?
• Answer : YES.
1. When the right is voluntarily waived.
2. Stop and Frisk.
3. Where the search is an incident to a lawful arrest.
4. Search of vessels and aircrafts
5. Search of moving vehicles
6. Plain view doctrine
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.
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.
Is freedom discussed in Sec. 4 absolute?
• ANSWER: NO
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.
Freedom of Religion
1. Non-establishment Clause
2. Freedom of religious profession and worship
Non-Establishment Clause vs Free exercise
Clause
• Separation of Church and State • Free exercise Clause
• A. Right to believe
• B. right to act according to
one’s belief
Section 6. The liberty of abode and of changing the same
within the limits prescribed by law
shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be
impaired except in the interest of national security, public
safety, or public health, as may be
provided by law.
Section 7. The right of the people to information on matters of public
concern shall be
recognized. Access to official records, and to documents and papers
pertaining to official acts,
transactions, or decisions, as well as to government research data used as
basis for policy
development, shall be afforded the citizen, subject to such limitations as may
be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to
form unions, associations, or societies for purposes not contrary to law
shall not be abridged.
Sec. 8
• Right to strike
Can supervisors form a Union?
• Answer: GR: NO
• XPN: When all of the members are supervisors.
Section 9. Private property shall not be
taken for public use without just
compensation.
Three powers of the State
• Police Power
• Eminent Domain
• Taxation
Section 10. No law impairing the obligation
of contracts shall be passed.
Section 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
Section 12. (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 and rehabilitation of victims of torture or similar practices, and their
families.
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.
Is Bail a matter of right?
• No. only privilege.

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
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.
Habeas Corpus
• A writ issued by a court directed to a person detaining another,

commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption
and detention , to do, to submit to, and to receive whatever the
court or judge awarding the writ shall consider in his behalf.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a
witness against himself.
Self-incrimination
• It may be invoked only when and as the question calling for an

incriminating answer is asked, since the witness has no way of
knowing in advance the nature or effect of the question to be put
to him.
Section 18. (1) No person shall be detained solely by
reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist
except as a punishment for a crime whereof
the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman
punishment inflicted. Neither shall 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.
Section 20. No person shall be imprisoned for debt or non-
payment of a poll tax.
Section 21. No person shall be twice put in jeopardy
of punishment for the same offense. If an
act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder
shall be enacted.

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Article 3

• LIFE : Right of an individual to • LIBERTY: right to exist and the

1. Impartial court or tribunal clothed with judicial power to hear and

2. Jurisdiction must be lawfully acquired over the person of the defendant

3. The defendant must be given an opportunity to be heard.

4. Judgement must be rendered upon lawful hearing.

• All persons or things similarly situated should be treated alike.

• Answer: YES, except their political

• Right protected by the law against unreasonable searches and

• Only a judge may validly issue a warrant.

Search Warrant describe particularly the things to be seized when

• Separation of Church and State • Free exercise Clause

• No. only privilege.

• A writ issued by a court directed to a person detaining another,

• It may be invoked only when and as the question calling for an

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