Article 3 Bill of Rights

Prepared by: Elmer Rivera Linga

The Bill of Rights is the declaration and
enumeration of the individual rights and
privileges and is designed to protect
violations against individuals and a
limitation upon the power of the state.
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.
Due Process of Law Due process of law is
meant that if a person is deprived of life,
liberty, or property by the State, it must
be done only under the authority of a
valid law and after compliance with the
regular methods of procedure prescribed
by the law.
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.
Valid Search and Arrest Warrants
1.Must be issued upon “probable cause.”
2.“Probable cause” must be determined personally by the
judge.
3.Such judge must examine under oath that complainant and
the witnesses that he may produce.
4. The warrant must particularly describe the place to be
searched and the person or thing to be seized.
An evidence obtained illegally is
inadmissible in any proceeding. Any
evidence acquired illegally is excluded
from being considered by the judge,
there is a great probability that the
accused may be acquitted.
1. A person who is validly arrested may be searched in his
person.
2. An officer who legally enters a premise and sees an illegal
object may seize it.
3. A moving vehicle, with reasonable suspicion, may be
stopped and searched for criminal activity.
4. One who consents to be searched maybe searched without a
warrant.
5. Searches may be made without a warrant at customs or
airports prior to boarding.
1. When the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
2. When an offense has in fact been committed, and he has
personal knowledge of facts indicating that the person to be
arrested has committed it
3. When the person is an escapee from a penal establishment.
(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.
Letters
Messages
Emails
Telephone calls
NO! Anti-Wiretapping Law Anti-Terrorism Law
Court-Authorized taps are allowed for the
crimes of: “treason, espionage, provoking war
and disloyalty in case of war, piracy, mutiny in
the high seas, rebellion, conspiracy and proposal
to commit rebellion, inciting rebellion, sedition,
conspiracy to commit sedition, kidnapping.”
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.
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.
Libel
A public and malicious imputation of a crime, or
of a vice or a 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 one who is dead.
(Revised Penal Code)
(a)any work, taken as a whole, appeals to the
prurient interest…
(b) the work depicts or describes in a patently
offensive way, sexual conduct…
(c) whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value.” (Miller v California)
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.
1. State may not establish or sponsor a
religion.
2. Prohibits the direct support of
institutional religion.
3. Prohibition on direct and indirect aid if
the support means preference of one
religion to the other. 
1. State can’t prohibit a person from
choosing his/her religion.
2. State can’t force a person from
choosing his/her religion.
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.
Freedom of Movement Liberty of
Abode Liberty of Travel No one is
compelled to change his/her home
except in accordance with law.
Villavicencio v Lukban Can be
impaired, but not arbitrarily. Grounds:
National security, public safety, and
public health.
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.
1. National security matters
2. Confidential diplomatic matters
3. Trade secrets and banking transactions
4. Identity of informants in criminal
investigation
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.
Private property shall not be taken
for public use without just
compensation.
Eminent Domain Taking Usage
Compensation The property must be
private in nature. The property must
be used for public use. Just
compensation must be given to the
owner. Compensation must be equal
to the property’ market value.
No law impairing the obligations of
contracts be passed.
Free access to the courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
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.
 1. You have the right to remain silent when questioned.
2. Anything you say or do may be used against you in a court of
law
3. You have the right to consult an attorney before speaking to
the police and to have an attorney present during questioning
now or in the future.
4. If you cannot afford an attorney, one will be appointed for
you before any questioning, if you wish.
5. If you decide to answer any questions now, without an
attorney present, you will still have the right to stop answering
at any time until you talk to an attorney.
6. Knowing and understanding your rights as I have explained
them to you, are you willing to answer my questions without an
attorney present?
Rights of a Person under Investigation
1.Right to remain silent
2.Right to counsel
3.Rights to be informed of such rights
Prohibitions on, are enumerated as:
1.Secret Detention Places (safe-houses) 2.
Solitary Detention 3.Incommunicado
Detention Places
Self-Incrimination An act of accusing oneself to a
crime for which a person can then be
prosecuted. Inadmissibility of Forced Confession
and Admission Admission Confession An act,
declaration or omission of party as to a relevant
fact. Declaration of an accused acknowledging
his guilt of the offense charged, or of any
offense necessarily included therein.
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 impaired even when the privilege
of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
1.Right to be presumed innocent.
2.Bail: “mode short of confinement which
would, with reasonable certainty, insure the
attendance of the accused.”
3.Bail is not warranted if: a. the offense is
punishable by reclusion perpetua and b.
evidence of guilt is strong.
 (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 the arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
is unjustifiable.
Philippine Criminal Justice System Presumption of
Innocence “…no person shall be convicted unless the
prosecution has proved him guilty beyond
reasonable doubt.” But in Prima Facie cases… Prima
Facie (denotes evidence that that would prove a
particular proposition); then the burden of proof
changes.
Right to Be Heard includes:
1. Right to be present at the trial
2. Right to counsel
3. Right to an impartial judge.
4. Right of confrontation
5. Right to compulsory process to secure the
attendance of witness.
The privilege of the writ of habeas corpus
shall not be suspended except in cases of
invasion or rebellion when the public
safety requires it.
Writ of Habeas Corpus A writ, a legal action, that
requires a person under arrest to be brought
before a judge or a court. An order issued by a
judge to a person detaining another to bring the
detainee to court and to justify his detention. “It
is to inquire into all manner of involuntary
restraint as distinguished from voluntary, and to
relieve a person therefrom is such restraint is
illegal.”
All persons shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.
Remedy! The aggrieved party can ask a
dismissal of a case through mandamus.
Mandamus: is a judicial remedy — in the form
of an order from a superior court, to any
government subordinate court, corporation of
public authority— to do (or forbear from doing)
some specific act which that body is obliged
under law to do (or refrain from doing) — and
which is in the nature of public duty, and in
certain cases one of a statutory duty.
No person shall be compelled to be a
witness against himself
Right Against Self-Incrimination Self-
Incrimination: the constitutional right of a
person to refuse to answer questions or
otherwise give testimony against himself or
herself which will subject him or her to an
incrimination. A person may incriminate
himself/herself by: a. Testimony b. Private
books c. Private letters
(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.
(1)Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall 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.
Punishments must be: Furman v Georgia:
1.Must not be severe as to degrade the dignity
of human beings.
2.Must not be applied arbitrarily.
3.Must not be unacceptable to contemporary
society.
4.Must not be excessive.
No person should be imprisoned for debt or
non- payment of a poll tax.
If a person debts and can not pay his
indebtedness, can he be imprisoned, as
payment, for it? NO! But if a person has
committed a crime relating to non-
payment of debts, through bad faith or
malice, i.e., Estafa, yes, he can be
imprisoned
Bad Faith Latin: Malafides Means double
mindedness or double heartedness in
duplicity, fraud, or deception. Can be
expressed through faith, belief, attitude,
and loyalty.
No person shall be twice put in jeopardy
of punishment of 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 “…To be prosecuted more than
once for the same offense..”
Double jeopardy ends:
1.Once the accused is acquitted or convicted.
2.Dismissal of the charges.
No ex-post facto law or bill or attainder
shall be enacted.
Ex-Post Facto Law A. Which makes a criminal
an action done before passing a law, which
was innocent when done and punishes such
action B. Which aggravates the crime C. Which
changes the punishment and inflicts greater
punishment. D. Which alters the legal rules of
evidence.