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 the equal protection of the laws.

Definition of “Police Power”:

1) Power vested in the legislature

2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the
same.

Aspects of “Due Process”:

1. Procedural due process – refers to the mode of procedure which government agencies must
follow in the enforcement and application of laws.
2. Substantive due process – prohibition against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and opportunity to be heard before judgment is rendered
affecting one’s person or property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject matter and the necessities of
the situation.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H

1. A 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 or over the
property which is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P

1. The right to a hearing, which includes the right to present one’s case and submit
evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing or at least
contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his own independent
consideration of the law and facts of the controversy, and not simply accept the
views of a subordinate in arriving at a decision.
7. The board or body should, in all controversial questions, render its decision in such
a manner that the parties to the proceeding can know the various issues involved
and the reasons for the decision rendered.

Note:
1. What is required is not actual hearing, but a real opportunity to be heard.
2. The requirement of due process can be satisfied by subsequent due hearing.
3. Violation of due process: when same person reviews his own decision on appeal.
4. Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the
promulgation of general rule.
 For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P

1. The student must be informed in writing of the nature and cause of any accusation
against them.
2. The student shall have the right to answer the charges against him, with the
assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
6. The penalty imposed must be proportionate to the offense.

Note:
1. The school has a contractual obligation to afford its students a fair opportunity to complete
the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; crossexamination is not
essential

Instances when hearings are NOT necessary:

1. When administrative agencies are exercising their quasi-legislative functions.

2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders (considered a provisional remedy).
9. Judicial order which prevents an accused from travelling abroad in order to maintain
the effectivity of the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding
of liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of substantive due process and has to be
observed even in administrative and quasi-judicial bodies.
2. The right to appeal is a statutory privilege that may be exercised only in the manner in
accordance with law.

Requisites of SUBSTANTIVE due process: CODE: I M

1. The INTERESTS of the public generally, as distinguished from those of a particular class,
requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the purpose and not
unduly oppressive upon individuals.

Requirements of a valid ordinance:

1. Must not contravene the Constitution or any statute

2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable

When is a law VAGUE?

1. When it lacks COMPREHENSIBLE STANDARDS

2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law

The equality that it guarantees is legal equality or the equality of all persons before the law. It does
not demand absolute equality. It merely requires that all persons shall be treated alike, under like
circumstances and conditions both as to privileges conferred and liabilities enforced.

Requisites for valid classification for purposes of the equal protection clause

The classification must: CODE: SGEE

1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. NOT LIMITED TO EXISTING CONDITIONS only 4. APPLY EQUALLY to all members of the
SAME CLASS.

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 person or things to be seized.

General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search
warrant or warrant of arrest

Requisites for a valid warrant: CODE: P J E D

1. It must be issued upon PROBABLE CAUSE.

2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may
produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or
things to be seized.

Definition of “PROBABLE CAUSE”

For the issuance of a warrant of arrest:

Probable cause refers to such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed by the person sought
to be arrested.

For the issuance of a search warrant:

Probable cause would mean such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that
the objects sought in connection with the offense are in the place to be searched.

Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt
of a specific offender be established, unlike in the case of a warrant of arrest.

Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”

The judge is NOT required to personally examine the complainant and his witnesses. What the
Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy
himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394).

To be sure, the Judge must go beyond the prosecutor’s certification and investigation report
whenever necessary (Lim v. Felix).

Procedure:
1. The judge personally evaluates the report and supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscal’s report and
require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion
as to the existence of probable cause.

Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND

WITNESSES”

1. The oath required must refer to the truth of the facts within the personal knowledge of the
complainant or his witnesses because the purpose is to convince the judge of the existence of
probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it
has been drawn in such a manner that perjury could be charged thereon and affiant be held liable
for the damages caused (Alvarez v. CFI).

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of law – by which the warrant
officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to the offense
for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

JOHN DOE WARRANT

A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a
descriptio personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil.
159)

GENERAL WARRANT

A general warrant is one that does not allege any specific acts or omissions constituting the offense
charged in the application for the issuance of the warrant. It contravenes the explicit demand of the
Bill of Rights that the things to be seized be particularly described.

VALID WARRANTLESS SEARCH

1. Search made as an incident to lawful arrest

A. An officer making an arrest may take from the person arrested:

i. Any money or property found upon his person which was used in the commission of
the offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of committing violence or escaping
or
iv. Which may be used in evidence in the trial of the case

B. The search must be made simultaneously with the arrest and it may only be made in the
area within the reach of the person arrested

2. Search of moving vehicles

A. This exception is based on exigency. Thus, if there is time to obtain a warrant in order to
search the vehicle, a warrant must first be obtained.
B. The search of a moving vehicle must be based on probable cause.

3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs
Code

A. The Tariffs and Customs Code authorizes persons having police authority under the Code
to effect search and seizures without a search warrant to enforce customs laws.
B. Exception: A search warrant is required for the search of a dwelling house.
 C. Searches under this exception include searches at borders and ports of entry. Searches in
these areas do not require the existence of probable cause

4. Seizure of evidence in plain view

A. To be a valid warrantless search, the articles must be open to the eye and hand.
B. The peace officer comes upon them inadvertently.

5. Waiver of right

A. Requisites of a valid waiver:

i. The right exists.

ii. The person had actual or constructive knowledge of the existence of such right.
iii. There is an actual intention to relinquish such right.

B. The right against unreasonable searches and seizures is a personal right. Thus, only the
person being searched can waive the same.
C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver.
D. The search made pursuant to the waiver must be made within the scope of the waiver.

Note:
1. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a
body search and the inspection of the vehicle is limited to a visual search = valid search
(Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or
jurisdiction
3. The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by
judges, but the Commissioner of Immigration may order the arrest of an alien in order to
carry out a FINAL deportation order.

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed, is actually committing, or is about to commit an
offense in the presence of the arresting officer.

2. When an offense has in fact just been committed and the arresting officer has personal knowledge
of facts indicating that the person to be arrested has committed it.

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

4. Waiver of an invalid arrest:

When a person who is detained applies for bail, he is deemed to have waived any irregularity
which may have occurred in relation to his arrest.

5. Hot pursuit

A. The pursuit of the offender by the arresting officer must be continuous from the time of the
commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.

6. Stop and frisk

When a policeman observes suspicious activity which leads him to believe that a crime is about to
be committed, he can investigate the suspicious looking person and may frisk him for weapons as
a measure of self-protection. Should he find, however, a weapon on the suspect which is
unlicensed, he can arrest such person then and there for having committed an offense in the
officer’s presence.
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 proceedings.

R.A. 4200 (Anti-Wiretapping Act)

1. The law does not distinguish between a party to the private communication or a third person.
Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of
the prohibited acts under R.A. 4200 (Ramirez v. Ca)

2. The use of a telephone extension to overhear a private conversation is not a violation of R.A.
4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone
extension is not purposely installed for the purpose of secretly intercepting or recording private
communication. (Gaanan v. IAC, 145 SCRA 112)

Types of communication protected:

Letters, messages, telephone calls, telegrams and the like.

Exclusionary rule:

Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in the
absence of governmental interference, the protection against unreasonable search and seizure
cannot be extended to acts committed by private individuals. (People v. Martin)

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or of the right of the people peaceably to assemble and petition the government for
redress of grievances.

What are considered protected speech:

Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It
includes motion pictures as well as what is known as symbolic speech such as the wearing of an
armband as a symbol of protest. Peaceful picketing has also been included within the meaning of
speech.
Prohibitions under Section 4

1. Prohibition against PRIOR RESTRAINT

2. Prohibition against SUBSEQUENT PUNISHMENT

3. Prohibition against prior restraint

1. Prior restraint means official governmental restrictions on the press or other forms of expression in
advance of actual publication or dissemination.
2. Examples/forms of prior restraint
a. movie censorship
b. judicial prior restraint = injunction against publication
c. license taxes based on gross receipts for the privilege of engaging in the business of
advertising in any newspaper
d. flat license fees for the privilege of selling religious books

When prohibition does not apply

a. During a war. Ex. Government can prevent publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
b. Obscene publications.
c. Standards for allowable subsequent punishment
d.
TEST CRITERION
1. Dangerous Tendency Test
2. Clear and Present Danger Test
3. Balancing of Interests Test
There should be a RATIONAL CONNECTION
between the speech and the evil
apprehended.
There should be a clear and present danger
that the words when used under such
circumstances are of such a nature as to
create a CLEAR AND PRESENT DANGER
that they will bring about the substantive evils
that the State has a right to prevent.
The courts should BALANCE the PUBLIC
INTEREST served by legislation on one
hand and the FREEDOM OF SPEECH (or
any other constitutional right) on the other.
The courts will then decide where the greater
weight should be placed.