Group 5- 4GPH

CERVANIA, CAROLINNE
DAYAO, ADRIAN
EBORA, KRISHABELLE
MANGANAAN, VINCENT
PERMENTILLA, GAIL
TORRES, TRINA ROSE

ARTICLE III.—BILL OF RIGHTS

It is a declaration and enumeration of a person's rights and privileges which the Constitution is
designed to protect against violation by the government, or by individual or groups of
individuals.

It includes the protection of the following rights:

(a) Civil rights or those rights belonging to individuals by virtue of their citizenship, such as
freedom to contract, right to property, and marriage among others;
(b) Political rights which are rights pertaining to the citizenship of the individual vis-à-vis the
administration of the government, such as right of suffrage right to hold office, and right to
petition for redress of wrong;
(c) Socio-economic rights or those which ensure the well-being and economic security of an
individual; and
(d) Rights of the accused which refer to protections given to the person of an accused in any
criminal case.

Classes of Rights
1. Natural rights – right possessed by any person
even without being granted by the state 2. Constitutional rights – right granted and
protected by the constitution
3. Statutory rights – rights granted by the laws
promulgated by the law-enacting bodies

Section 1. Right to due process of law and equal protection

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.

Scope of Protection: The protection covers all persons, whether citizens or aliens, natural or
juridical.

Life: it refers not just to physical safety but also to the importance of quality of life. Thus, right to
life means right to be alive, right to one’s limbs against physical harm, and, equally important,
right to a good quality of life. Life means something more than mere animal existence.
Liberty: It includes “negative” and “positive” freedom. Negative freedom means freedom from, or
absence of, physical constraints, while positive freedom means freedom to exercise one’s
faculties. Right to liberty therefore deemed to embrace the right of man to enjoy his God-given
faculties in all lawful ways, to live and work where he will, to earn his livelihood by any lawful
calling, to pursue any vocation, and enter into contracts.

Property: It refers either to the thing itself or right over the thing. As a thing, property is anything
capable of appropriation, and it could be personal or real. As a right, it refers to right to own,
use, possess, alienate, or destroy the thing. The constitution uses property in the sense of right,
and as such it includes, among others, right to work, one’s employment, profession, trade, and
other vested rights.

Due process: process that hears before it condemns and proceeds upon inquiry and renders
judgment only after trial.

Procedural due process: opportunity to be heard in which every citizen is given the chance to
defend himself or explain his side through the protection of general rules of procedure.

Substantive due process: requires that the law itself is valid, fair, reasonable, and just.

Equal protection of the laws – all persons subject to legislation should be treated alike.
Limitations:
1. For the welfare of the public
2. Limited by the inherent powers of the state

Section 2. Right against illegal search and illegal arrest

The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon
probable cause, to be determined 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.

Private property shall not be taken for public use without just compensation.

Warrant of arrest: is 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.

Search warrant: is 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.

Requisites of a Valid Warrant

(a) It must be based upon a probable cause. Probable cause refers to such facts and
circumstances which would lead a reasonably discreet to believe that an offense has been
committed
(b) The probable cause must be determined personally by the judge. He personally evaluates
the report and the supporting documents submitted by the public prosecutor
(c) The determination must be made after examination under oath or affirmation of the
complainant and the witness he may produce; and
(d) It must particularly describe the place to be searched and the persons or things to be seized.

Warrantless Search
1. Consented search
2. Search incidental to a lawful arrest
3. Search on ports of entry
4. Search on moving vehicles
5. Plain view doctrine

Citizen’s arrest/ Warrantless arrest

1. In flagrante delicto – caught in the act
2. Personal knowledge of the arresting officer
3. Escaped Prisoner

Section 3. Right to Privacy of Communication

The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court or when public safety and order require otherwise.

Right to privacy – right to be left alone; free from undesired publicity and disclosure.

Basis and purpose of the right:

1. Right existing in the state of nature
2. Right to secure enjoyment of one’s private life

Evidence illegally obtained

Inadmissible: any evidence obtained in the violation of the right against unreasonable searches
and right to privacy and communication

Anti-Wire Tapping Act

R.A. 4200 or the Anti-Wire Tapping Act, as a reinforcement of privacy of communication, is a law
which prohibits a person not authorized by all the parties to any private communication, to wire
tap or use any devise to secretly overhear, intercept, record, or communicate the content of the
said communication to any person.

Amparo and habeas data in the Philippines

Amparo means 'protection,' while habeas data is 'access to information.'
Habeas Data: The writ of habeas data is a remedy available to any person 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.
Limitations:
1. Lawful order of the court; and
2. Public safety or order requires

Exemption Rule: 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.

Section 4. Right of Expression

“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.”

4 Aspects:
Freedom of Speech
Right to a Free Press
Freedom of Assembly
The Right of Petition

1. Freedom of Speech – means an individual is free to speak or utter whatever he

wants without prior restraint.
2. Right to a Free Press – means an individual is free to write, publish, and circulate
whatever he pleases without restraint.

Ø Freedom from prior restraint

Ø Freedom from subsequent punishment

3. Freedom of Assembly – refers mainly to peaceful demonstrations related to

public affairs. it must be exercised in such a way that will not to prejudice public
welfare. Freedom of assembly is reinforced by Batas Pambansa Blg. 880,
otherwise known as the Public Assembly Acts of 1985, which basically provides
the requirements and procedure for holding rallies. It also implements the
observance of “maximum tolerance” towards participants of rallies consistent with
the clear and present danger test.

4. The Right of Petition - to take up one’s grievances with government without fear
 of persecution.

Limitations to Freedom of Speech

· Severe calumny;
· Anything lewd or obscene;
· Anything that provokes violence or disorder;
· Seditious messages;
· Clear and present danger

Forms of Calumny
Libel - untruthful information/character assassination in written, and using print or
broadcast media.
Slander - spoken untruthful information / character assassination .
Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to
be serious), immediate, grave and realistic.

Section 5. Right to Choose a Religion and to Exercise Religious Beliefs

“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 tests shall be allowed for the exercise of civil or political rights..”

This provision is an implement to the doctrine of separation of church and state.

Religious freedom – right of man to worship God or whomever or whatever he/she

chooses to worship

Aspects of Religious Freedom:

1. Freedom to believe – absolute right of every individual to believe whatever they
want to believe
2. Freedom to act – free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed

Section 6. Right of Abode and to Travel

“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. The right to travel shall not
impaired except in the interest of national security, public safety, or public health, as may
be provided by law.”
 Freedom of movement has two aspects:
(a) Freedom to choose and change one’s domicile, and
(b) Freedom to travel within and outside the country.

Section 7. Right to Information on Matters of Public Concern

“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:

1. Right embraces all public records
2. Limited to citizens only w/o prejudice to the right
of aliens to have access to records of cases
where they are litigants; and
3. Exercise of this right is limited by law

Limitation: Public records related to national security and

other records which are confidential in nature cannot be given to anybody who request for it

Writ of Habeas Data – judicial remedy available to any individual whose right to privacy in
life, liberty and security is violated or threatened by an unlawful act or omission of public
official or employee

Section 8. Right to Form Associations

“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 organize or be a member of any association, group or union and adopt

rules which members agreed upon to achieve their purpose.

-As long as the purpose of the group is not breaking any laws.
Section 9. Right to Property

“Private property shall not be taken for public use without just compensation”

Right of Eminent Domain – power of the state to take private property for public use
upon paying to the owner a just compensation
Limitations:
1. Must be for public use
2. Payment of just compensation
3. Observance of due process of law in taking

Section 10. Non-Impairment of Contract

“No law impairing the obligation of contracts shall be passed”

Obligation of a contract – law or duty which binds the parties to perform their agreement
according to its terms or intent

Purpose: to protect and assure parties the fulfillment of lawful promises and preserve integrity of
contractual obligations

Limitation: Contract must not be contrary to law, morals, good custom, public order or
public policy.

Breach of Contract - when terms or conditions of the contract are broken or not fulfilled.

Section 11. Free Access to Court

“Free access to courts and quasi- judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.”

The Integrated Bar of the Philippines (IBP) - gives free legal assistance to underprivileged
litigants.

A person who cannot pay docket fee in civil case may apply in court to file his case as a pauper
litigant.

Section 12. Right of Person under Custodial Investigation

a) Any person under investigation for the commission of an offense shall have the right to
be informed of his rights 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;

b) No torture, force, violence, 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;

c) Any confession or admission in violation of this or Sec. 17 (Self-Incrimination Clause)

hereof shall be inadmissible in evidence against him;

d) The law shall provide for penal and civil sanctions for violation of this section as well as
compensation to aid rehabilitation of victims of torture or similar practice, and their
families.

Three rights are made available by Sec. 12(1):

1. The right to remain silent.

2. The right to counsel.
3.The right to be informed of his rights.

Section 13. The Right to Bail and Against Excessive Bail

“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 - is money or valuable collateral that is placed on deposit with the court to ensure that the
arrested person will return to court when their case goes to trial.

Excessive Bail - is prohibited because that is the same as denying the right to post bail.

Non Bailable Crimes are the following:

- Kidnapping
- Murder
- Rape
- Drug- pushing
- Carnapping
- And Crimes under the Heinous Crime Law, Plunder Law and Dangerous Drug Law

Section 14. Rights of the Accused

(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 Writ of Habeas Corpus

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:

The writ of habeas corpus is an order issued by a court of competent of jurisdiction,
directed to the person detaining another, commanding him to produce the body of a prisoner at
a designated time and place, and to show sufficient cause for holding custody the individual so
detained.
It has for its purpose to inquire into all manner of involuntary restraint or detention as
distinguished from voluntary and to relieve a person there from if such restraint is found illegal.
The writ is the proper remedy court to release in each and every case of detention without legal
cause or authority. Its principal purpose then is to set the individual liberty.

Section 16. Right to a Speedy Disposition of Cases

All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

(1) The above provision upholds the time-honored tradition of speedy justice for as stated in
the old dictum - “Justice delayed is justice denied”. Its express inclusion was in response
to the common charge against the perennial delay in the administration of justice which
in the past has plagued our judicial system.
(2) The right to speedy disposition of cases can be invoked only after the termination of the
trial or hearing of case.
(3) Under the present constitution, the Supreme Court, all lower delegate courts, and all
other lower courts are required to decide or resolve cases within a certain period of time.
(4) The provision contemplates the disposition of cases involving private interests, not only
before judicial bodies, but also before quasi judicial.

Section 17. Right against Self-incrimination

No person shall be compelled to be a witness against himself. This is a protection
against self-incrimination which may expose a person to criminal liability. It is founded on ground
for:
 (1) Public policy, because if the party thus required to testify, he would be placed under the
strongest temptation to commit the crime of perjury; and
(2) Humanity, because it prevents the extorsion of confession by duress.

The constitutional guarantee protects as well the right of the accused to silence, and his
silence, meaning, his failure or refusal to testify may not be used as presumption of guilt
or taken as evidence against him.

Section 18. The Right to Political Beliefs and Aspirations

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

Right against Detention solely by reason of Political Beliefs and Aspirations

1. Incarceration without charges of “political prisoners”
2. Suspension of privilege of writ of habeas corpus even after lifting of martial law
3. Prohibition a guarantee against having “prisoners of conscience”

Involuntary Servitude:
A condition of enforced, compulsory service of one to another. It includes:
● Slavery
● Peonage

Exceptions of Prohibitions:
1. When the involuntary servitude imposed as a punishment for a crime.
2. When personal military or civil service is required of citizens.
3. To injunctions requiring striking laborers to return to work.
4. To exceptional service.
5. To exercise by parents of their authority.
6. When there is a proper exercise of the police power of the State.

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

● Excessive fines - fine that is unreasonable and doesn’t take into consideration
certain standards such as nature of the offense, and circumstances of the
person being fined.
● Inhuman punishment - shocking to the conscience of mankind or involves
 prolonged suffering.
(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.
● For short this means that each person detained, is entitled to proper treatment
and protection.
Section 20. No person shall be imprisoned for debt or non-payzdsent of a poll tax.
● Debt - means any liability to pay money arising out of a contract, express or
implied.
● Poll tax - a tax levied on every adult, without reference to income or resources.
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 means that 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.
Section 22. No ex post facto law or bill of attainder shall be enacted.
● Ex post facto law meanings:
- Aggravates a crime or makes it greater than when it was committed or
changes the punishment and inflicts a greater punishment than what a law
annexed to the crime when committed.