Bill of Rights

Concept of a bill of rights.

bill of rights - declaration and enumeration of a person’s rights and privileges

Classes of rights.
(1) Natural Rights –given to man by Gods
 right to life
 the right to liability
 the right to property
 right to love
(2) Constitutional Rights –conferred and protected by the Constitution
-they cannot be modified or taken away by the law-making body;
(3) Statutory Rights –rights which are provided by laws promulgated by the law-making
body and, consequently, may be abolished by the same body
 right to receive a minimum wage
 right to adopt a child by an unrelated person.

Classification of constitutional rights.

The human rights secured by the Constitution include:
 social rights
 economic rights
 political rights
 civil rights

(1) Political Rights –rights of the citizens which give them the power to participate,
directly or indirectly, in the establishment or administration of the government.
 Right of Citizenship (Art IV)
 Right of suffrage (Art V)
 Right to information on matters of public concern (Sec. 7)
(2) Civil Rights – They are those rights which the law will enforce at the instance of
private individuals for the purpose of securing to them the enjoyment of their means of
happiness.
 Rights to due process and equal protection of the laws (Sec. 1.)
 Rights against involuntary servitude (Sec. 18[2].)
 Imprisonment for non-payment of debt or a poll tax (Sec. 20.)
 Constitutional rights (infra.)
 Religious freedom (Sec. 5.)
 Liberty of abode and of changing the same (Sec. 6.)
 Right against impairment of obligation of a contract. (Sec. 10.)
 (3) Social, economic, and cultural rights –insure the well-being and economic security of
the individual.
 The right to property (Sec. 1.)
 Right to just compensation for private property taken for public use (Sec. 9.)
 They are also provided in the articles dealing with the promotion of social justice
(Art. XIII.)
 The conservation and utilization of natural resources (Art. XII, Sec. 2.)
 The promotion of education, science and technology, and arts and culture.
(4) Rights of the accused –protection of a person accused of any crime
 Right to presumption of innocence
 Right to a speedy, impartial, and public trial
 Right against cruel, degrading, or inhuman punishment

States authority and individual freedom.

(1) State, an instrument to promote both individual and social welfare.
- promote the happiness and welfare of both the individual and the group of which
he is part
- is a means for the realization of the best life only by the individual for which the
group may at all times, if necessary, be staked.

Liberty is a blessing without which life is a misery, but should not be made to prevail over
authority because then society will fall into anarchy.
The doctrine of laissez (also laisser) faire (let people do as they choose) or unrestricted freedom
of the individual, as axiom of economics and political theory, is of the past.

(2) Conflict between individual rights and group welfare. –the individual must yield to
the group; and in other cases, the group to the individual. It is for this reason that the Constitution
creates a domain of individual rights and liberties, which is protected from encroachments
whether by individuals or groups of individuals, and even by the government itself. For the same
reason, the Constitution provides, expressly or impliedly, that in certain cases, when demanded
by the necessity of promoting the general welfare of society, the government may interfere with
these rights and liberties.
(3) Balancing of individual and group rights and interest –The effective balancing of the
claims of the individual and those of the community is the essence, or the indispensable means
for the attainment of the legitimate aspiration of any democratic society. There can be no
absolute power whoever exercises it, for that would be tyranny; yet there can be neither be
absolute liberty for that would mean license and anarchy.
 (4) Role of the Judiciary. –rests primarily this all important duty of balancing the interest
of individual and group welfare in the adjudication of disputes that is fair and just to the parties
involved and beneficial to the larger interests of the community or the people as a whole. In the
exercise of the power of judicial review, our courts, ultimately the Supreme Court, act as arbiters
of the limits of governmental powers especially in relation to individual 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.

Meaning of due process of law

Under the constitution, a person maybe deprived by the state of his life, liberty or
property provided due process of law is observed.

But what is meant by due process of law?

(1) under the authority of the law that is valid (i.e Not contrary to the constitution) or the
constitution itself
(2) after compliance with fair and reasonable methods of procedure prescribed by law.

Aspects of due process of law

Due process of law has, therefore, a two-fold aspect, namely:

(1) Procedural due process

- law is enforced
- requires a procedure “which hears before it condemns, which proceeds upon
inquiry, and renders judgment only after trial”.
- requirement of notice and hearing

(2) Substantive due process

- requires that the law itself is fair, reasonable, and just
- no person shall be deprived of his life, liberty or property for arbitrary reasons or
on flimsy grounds.

Procedural due process

(1) In judicial proceedings – for the most part, procedural process has its application in
judicial proceedings, civil or criminal. It requires:
(a) An impartial court clothed by the law with authority to hear and determine the
matter before it;
(b) Jurisdiction lawfully acquired over the person of the defendant or the property
which is the subject matter of the proceeding;
(c) Opportunity to be heard given the defendant; and
(d) Judgement to be rendered after lawful hearing
 Thus, there is a denial of procedural due process where an accused has been charged with
an offense (e.g., theft) and convicted of another (e.g., robbery). Of course, the plentiful has also a
right to be given opportunity to be heard on his claim.

(2) In administrative proceedings

- due process, however, is not always judicial due process
- notice and hearing may be dispensed with
- public need is not feasible
- offender may be suspended pending an investigation for violation of civil service
rules and regulations.

Substantive due process

Due process of law requires that the law in question affecting life, liberty, or property be
a valid law, i.e. with the power of the law making body to enact and is reasonable in its
operation.

(1) Thus, a tax which is imposed for a private purpose constitutes a taking of property
without due process as it is beyond authority of legislator levy. There is still denial of
substantive due process even if the law provides for a notice and hearing in the
assessment and collection of tax. The is that tax can be imposed only for a public
purpose.

(2) Likewise, the taking of property for private use or without payment of just compensation
offends substantive due process.

Persons Protected
The term “person” in the above constitutional provision embraces all the persons within
the territorial jurisdiction of the Philippine, without regard to any difference of race, color, or
nationality, including aliens.

Private corporations likewise, are persons within the scope of the guarantee in so far as their
property is concerned. But not municipal corporations (local government) as they are mere
creature of the state.

Meaning of LIFE

LIFE, as protected by due process of law, 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.

Meaning of LIBERTY

LIBERTY, as protected by due process of law, denotes 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.
Meaning of PROPERTY

PROPERTY, as protected by due process of law, may refer to the thing itself or to the
right over a thing. It includes the right to own, use, transmit and even to destroy, subject to the
right of the State and of other persons.

What constitutes deprivation.

What the Constitution prohibits is the deprivation of life, liberty, or property without due
process of law.
(1) Deprivation of life – the loss of any of the various physical and mental attributes (e.g.,
limbs, eyes, brain, power of reproduction, etc.) which man must have to live as a human being.

(2) Deprivation of' liberty –Liberty needs to be lost in its energy. To the extent that one is
unduly prevented from acting the way he wishes to do, there is a diminution of liberty.

(3) Deprivation of property – value of the property is destroyed or its adaptability to

some particular use or its capability on enjoyment is impaired.

Meaning of Equal Protection of the Law

Equal protection of the laws signifies that “all persons subject to legislation should be
treated alike, under like circumstances and conditions both in the privileges conferred and
liabilities imposed.”

Reasonable Classification Permitted

(1) foreign corporations are made to pay higher amount of taxes that that paid by domestic
corporations;
(2) certain professions (e.g., Sumo wrestler) are limited to persons of the male sex;
(3) certain privileges for leaves and shorter hours of labor extended to women are not
extended to men;
(4) preference is given to Filipino citizens (as against aliens) in the lease of public market
stalls;
(5) different professions are taxed at different amounts; and
(6) employment in factories of children under designated ages is prohibited.

Scope of the guarantee.

(1) The prohibition contained in the guarantee of equal protection (And due process of
law) is a restraint on all the organs of the government and on the subordinate
instrumentalities and subdivisions thereof, and on the three inherent powers of
governments, i.e., police power, taxation, and eminent domain;
(2) The guarantee is available to all persons. Aliens are thus included; so are private
corporations in so far as their property is concerned. But municipal corporations,
being a creature of the State, cannot invoke the protection;
(3) It does not extend to rights which are political. The State is not prevented from
restricting the enjoyment of political privileges to such classes of its citizens as it may
see fit; and
 (4) It is also not intended to enforce social equality. While all persons are in worth, they
are not equal in all things.

SEC. 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.

Meaning of Search Warrant and Warrant of Arrest.

(1) Search Warrant 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.
(2) Warrant of Arrest, the written order, if the command is to arrest a person designated,
i.e., to take him into custody in order that he may bound to answer for the commission of an
offense.

Scope of the protection.

(1) Persons. The protection applies to everybody, to citizens as well as aliens in the
Philippines, whether accused of crime or not. Corporations are also entitled to the
protection.
(2) Houses. The protection is not limited to dwelling houses but extends to a garage,
warehouse, shop, store, office, and even a safety deposit vault. It does not extend,
however, to the open spaces and fields belonging to one.
(3) Papers and effects. They include sealed letters and packages in the mail which may
be opened and examined only in pursuance of a valid search warrant.

When search and seizure unreasonable:

In general, all illegal searches and seizure are unreasonable while lawful ones are
reasonable. A search or seizure made without a search warrant is not necessary, illegal, and one
made under a search warrant in sot necessarily legal.
What constitutes a reasonable or unreasonable search or seizure in any particular case is
purely judicial question (i.e., only courts are empowered to rule upon), determinable from a
consideration of the circumstances involved.
Requisites for a valid search warrant or warrant of arrest.
They are:
(1) It must be issued upon probable cause;
(2) The probable causemust be determined personally by the judge homself;
(3) Such determination of the existence of probable cause must be made after examination by
the judge of the compalinant and the witnesses he may produce; and
(4) The warrant must particularly describe the place to be searched, and the persons or things
to be seized.
The law prohibits the issuance of a search warrant for more than one specific offense.

Meaning of probable cause

By probable cause is meant such facts and circumstances antecedent to the issuance of a
warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance
thereof.
It presuppose the introduction of competent proof that the party against whom a arrest is
sought to be issued has performed particular acts, or committed specific omissions, violating a
given provision of our criminal laws.

Sufficiency of an affidavit upon which warrant is based.

(1)Test of sufficiency affidavit – the true test of sufficiency of an affidavit to warrant

issuance of a search is whether. It had been drawn in such manner that perjury could be charged
thereon and affiant be held liable for damages in case his declarations are found to be false.
Thus, where it was shown that in the application sworn to, the affiant made his own personal
investigation, and testified that at his own knowledge, he knew that the accused was lending
money without a license, charging usurious rates of interest (then a criminal offense), and was
keeping and using books of accounts and records relative to his activities as money lender, his
affidavit was considered sufficient for he could be liable for perjury if the facts turned out to be
not as stated under oath.
(2) Basis of affidavit – the affidavit must be based on personal knowledge or
information. It is sufficient if it is based on mere information from other people, or belief, or an
mere hearsay.

Sufficiency of description.

(1) Place – a description of the place to be searched is sufficient if the officer with a
search warrant can, with reasonable effort, ascertain and identify the place intended.
Thus, it has been held that the description of the building to be searched as “building
No. 123 Rizal Avenue, Manila” is a sufficient designation of the premises to be
searched.

(2) Person – as a rule, a warrant of arrest for the apprehension of an unnamed party upon
whom it is to be searched is void expect in those cases where it contains a description
of the person or such as will enable the officer to identify the accused. Accordingly,
 in a case where the search warrant stated that John Doe (used when the name of the
person is unknown) had gambling apparatus in his possession in the building
occupied by him at 124 Calle Arzobispo, City of Manila and as this John Doe was
Jose M. Veloso, the manager of the club, the police could identify John Doe as Jose
M. Veloso without difficulty.

(3) Property – the description of the property is required to be specific only in so far as
the circumstances will ordinarily allow. It has been held that whereby the nature of
the property to be seized, the description must be rather general, it is not required that
a technical description be given as this would mean no search warrant could issue.

(a) Thus, in a case, the description “that there are being kept in said premises
books, receipts, lists, charts and other papers used by him in connection with his
activities as money lender, charging a usurious rate of interest, in violation of the
law” was considered sufficient because the officer of the law who executed the
warrant was thereby placed in a position enabling him to identify the articles, which
he did.

(b) But a search warrant which described the effects to be searched as

“financial records, vouchers, x x x and/or typewriters showing all business
transactions including disbursements, receipts, balance sheets and related profit and
loss statement” was held invalid as it authorized the seizure of records pertaining to
all busines transactions were legal or illegal. It is a general warrant because is not
particularly describe the things to be seized.

Right against unreasonable search and seizure, personal

(1) Property party to invoke right – the legality of a search and seizure can be
contested only by the party whose personal rights were involved. Consequently, one who is not
the owner, lessee or lawful occupant of premises searched cannot raise the question whether
there has been an unlawful search or siezure.

(2) Right subject to waiver – without a proper search warrant (see requisites), no
public official has the right to the premises of another without his consent for the purpose of
search and seizure. It does not admit of doubt, therefore, that a search or seizure cannot be
considered as unreasonable and thus offensive to the Constitution if consent be shown. For this
immunity from unwarranted intrusion is a personal right which me be waived, either expressly or
impliedly.

When search and seixure would be made without warrant.

In the following instances:

(1) Where there is consent or waiver;

 (2) Where search is an incident to a lawful arrest;
(3) In the case of contraband or forfeited goods being transported by ship, automobile, or
other vehicle, where the officer making it has reasonable cause for believing that the
letter contains them,in view of the difficulty attendant to securing a search warrant;
(4) Where, without a search, the possession of articles prohibited by law is disclosed to
plain view or is open to eye and hand;
(5) As an incident of inspection, supervision, and regulation in the exercise of police
power such as inspection of restaurants by health officers, of factories by labor
inspectors, etc. the same thing may be said of inspection of books of accounts by
revenue examiners; and
(6) Routinary searches usually made at the border or at ports of entry in the interest of
national security and for the proper enforcement of customs and immigration laws.

When arrest may be made without warrant.

A peace officer or private person may without a warrant, arrest a person:

(1) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
(2) When an offense has in fact just been committed and he has personal knowledge of facts
indicating that person to be arrested has committed it; and
(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 jis case is pending, or
escaped while being transferred from one confinement to another.
The accompanying search and seizure of the effects or instruments of the crime shall also be
lawful although done without a search warrant as it is an incident to a lawful arrest.

SEC. 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.

Meaning of rights of privacy

The right of privacy is concisely defined as the right to be left alone. It has also been
defined as the right of a person to be free from undesired publicity, or disclosure and as the right
to live w/out unwarranted interference by the public in matters with w/c the public is not
necessary concerned.

Basis and purpose of the right.

(1) Right existing in the state of nature.-The right to privacy is considered as belonging to
 that class of rights which every human being possesses in his natural state and which
he does not lose or surrender by becoming a member of organized society. It has its
foundation in the belief in a person’s inherent right to enjoy his private life without
having incidents relative thereto made public against his will.
The right has been equated with the right to live as one choose under the law, free
from interference in the pursuit of one’s choice.

(2) Right designed to secure enjoyment of one’s private life. – The right to privacy is
accorded protection to secure the enjoyment by a person of his private life. Without
the right, one cannot possibly live in peace and with self-respect and be truly happy.

By the above constitution provision, there is an express recognition that persons may
communicate and correspond with each other without the State. (see Sec. 9, infra.) Letters and
messages are usually carried by the agencies of the government and unless adequate safeguards
are provided for, their privacy ma y be eventually violated and great harm inflicted upon the
citizen as a result.

Relationship with right against unreasonable searches and seizures.

(1) Aspect of right to be secure in one’s person. - The constitutional provision on the
right of privacy complements or implements the security of the citizen against
unreasonable searches and seizures. The right is but an aspect of the right to be secure
in one’s person.

(2) Privacy of communication and correspondence. – The right to privacy covers all
intrusions or arbitrary interference into the private affairs of persons. It is much
broader in scope than the right to privacy of communication. The latter has specific
reference to forms of communication and correspondence while the right against
unreasonable search and seizure is directed primarily against search of tangible,
material objects, his person, houses, papers or effects.

Limitations on the right of privacy of communication.

(1) Permissible interference.- The right is not violated when the interference is made:
(a) Upon lawful order of the court: or
(b) When public safety or order requires otherwise as prescribed
by law:, Sec 3[1].)

(2) Intervention of the court. - The first limitation must be interpreted in the light of the
 requirements for the issuance of a search warrant. (Supra). The second limitation
means that the right is subject to the police power of the State (see Sec. 9.), and in this
case, the intervention of the court is not essential. The judicial process is slow. Thus,
while the judge is contemplating his decision, the “objectionable” materials may
already be causing damage that could easily have been averted otherwise. However,
the exercise of the power by an judicial review (see Art. VII, Sec. 4[2].) Where the
existence of the limitation is being questioned by an aggrieved party.

Meaning of 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 data or information regarding the person, family, home and correspondence of the
aggrieved party.

Purpose of the writ.

The writ, together with the writ of habeas corpus and writ of Amparo, completes the legal
armory and remedy of a citizen against violations and treats to hid rights to life, liberty, security,
and information.

The writ has for its purpose to secure the privacy of an individual by way of regulating the
processing of personal information or data about him. It gives an individual the right to find out
what information is being kept about him and what use and for what purpose such data are being
collected. He is given not only the right to have access to (e.g., police or military records otherwise
closed to them) but also to question the data and demand that the same be deleted, destroyed, or
rectified.

How writ operates.

Any aggrieved party may file a petition in court for the writ of habeas data. In cases of
extra-legal killings and enforced disappearance, the petition may be filed by any member of the
immediate family, or collateral relative of the aggrieved family within the fourth degree of
consanguinity of affinity.

The court shall immediately issue the writ which shall be served upon the respondent who
shall file written return (answer) under oath with supporting affidavits. The hearing on the petition
shall be summary. If the allegations in the petition are proven, the court shall enjoin the act
complained or order the deletion, destruction, or rectification of the data or information or
documents if found to be erroneous or false; otherwise, the privilege of the writ shall be denied.

Sec. 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.

Meaning of religious freedom

The constitutional guarantee of religious freedom is the right of a man to worship God,
and to entertain such religious views as appeal to his individual conscience, without dictation or
interference by any person or power, civil or ecclesiastical.
It forbids restriction by law or regulation of freedom of conscience and freedom to adhere
to such religious organization or form of worship as the individual may choose.

Meaning of religion
Religion, in its broadest sense, includes all forms of belief in the existence of superior
beings exercising power over human beings and imposing rules of conduct with future state of
rewards or punishments.

It has reference to one’s views of his relations to his creator, and to obligations they
impose of reverence to His being and character and of obedience to His will.

Aspect of religious freedom.

As guaranteed by the constitution, religious freedom has two aspects, namely:

(1) The separation of Church and State secured in the first sentence of the provision; and
(2) The freedom of religious profession and worship, in the second sentence of provision.
The first aspect is discussed under Article II, Section 6 (supra.) which declares that “the
separation of Church and State shall be inviolable.”

Freedom of religious profession and worship.

It has two aspects, namely:
 (1) Freedom to believe in a religion.- Everyone has absolute right to whatever he
wishes. A state may not compel a religious belief nor deny any person any right or privilege
because of his beliefs or lack of them. It cannot inquire into the truth or validity of religious
doctrine. The theory is that a religious belief by itself cannot in any degree affect public interest;
and

(2) Freedom to act in accordance with such belief.- The right to act in accordance
with one’s belief is not and cannot be absolute. Conduct remains subject to regulation and even
prohibition for the protection of society. Religion may not be used to justify action or refusal to
act inconsistent with the public safety, health, morals, or general welfare of society, or violative
of the criminal law. Thus, no one has a right to refuse to defend the country in time of war, to
refuse to pay taxes, or to practice polygamy, or to invade the right of others even in the name of
religion. Persons may resort to prayers for the healing of the sick but this religious right may not
be fraudulently used as a cloak to engage in healing for commercial purpose using prayer and
such religious rites as a curative agency.

It has been held, however, that it is violative of religious freedom to compel one to salute
the flag, sing the national anthem and recite the patriotic pledge, during a flag ceremony on pain
of being dismissed from one’s job or of being expelled from school, when these are considered
as “acts of worship” or “religious devotion” to an image or idol which are contrary to his
religion.

Rights to disseminate religious belief

(1) Relationship with the right to believe.- The constitutional guarantee of the free
exercise and enjoyment of religious profession and worships carries with it the right to
disseminate religious beliefs and information. The right to believe and to worship would be
incomplete without the constitutional right to share one’s view with others and to seek to win
them to one’s faith, by giving analysis of contrary views and by solicitation of financial
assistance in carrying the truth to others.

(2) Justification for restraint of right.- Any restraint on the right to disseminate
religious ideas and information can only be justified (like other restraints on freedom expression,
supra.) on the ground that there is a clear and present danger of any substantive evil (e.g.,
disruption of evil peace) which the State has the right to prevent. To provide public officials, for
instance, with discretionary power to grant or withhold permits for distribution of religious
publication would be abridging freedom of religion (and of the press, and of speech)
Any infringement of religious freedom may be justified only to the smallest extent
necessary to avoid grave danger to public welfare and security.
License fee or tax on sale of religious articles
(1) Permission on condition for exercise of right.- The right of a person to believe
carries with it the right to disseminate his beliefs. The imposition of license or permit fees on the
sale or peddling by a religious organization of religious literature and other materials from house
to house, conducted not for purpose of profit, would impair the constitutional guarantee of the
free exercise and enjoyment or religious profession and worship. The right to peddle religious
information is similar to the right of the priest or minister to preach a sermon in his church.

As a license fee is fixed in amount and has nothing to do with the receipts or income of
the taxpayer, such fee, when applied to a religious sect, would, in effect, be imposed as a
condition for the exercise of the sect’s right under the Constitution.

(2) Imposition of financial burden after exercise of right.- The Constitution, the
Section 5, does not, however, prohibit imposing a tax on the sale of religious materials by a
religious organization. Such tax, unlike a license fee, does not restrain in advance the exercise of
religious freedom. It is generally applicable to all, and imposed after the activity taxed is
completed, and the fact that the activity is conducted by a religious sect is only incidental.
Religious test prohibited

Religious test prohibited.

(1) Meaning of terms- The Constitution expressly provides that “no religious test shall be
required for the exercise of civil or political rights.” (Sec. 5.)
(a) A religious test is one demanding the avowal or repudiation of certain religious
beliefs before the performance of any act. Thus, under this injunction, laws
prescribing the qualification of public officials or employees, whether appointive
or elective, or of voters, may not contain requirements of religious beliefs.
(b) The expression civil or political rights (supra.) is to be understood as including
the individual rights safe guarded by the Constitution and statutory laws.
(2) Reason for provision – the reason is easy to understand. Without such prohibition,
religious freedom becomes meaningless. The state, without such a bar,
notwithstanding the doctrine of it separation from the Church, could in fact accord
reference to a religious organization.

SEC. 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired expert 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.

Meaning of liberty of abode and travel.

 The liberty of abode and travel is the right of a person to have his home in whatever place
chosen by him and thereafter to change it will, and to go where he pleases, without interference
from any source.
The 1935 Constitution speaks only of the liberty of abode. The right now includes the
right to travel.

Limitations on the right.

(1) Permissible interference.- The right is qualified by the clauses “except upon lawful order
of the court” and “except in the interest of national security, public safety, or public health as
may be provided by law.” (Sec. 6.) The phrases mean, in other words, subject to the dominant
police power (see Sec. 9, infra.) of the State. Thus, the lawmaking body may by law provide for
the observance of curfew hours in time of war or national emergency, the commitment of
mentally deranged persons to a mental institution, the confinement of those with communicable
diseases to a hospital, the arrest and detention of persons accused of crimes, etc.
(2) Intervention of the court.- Note that under the second limitation, a court order is not
necessary. The determination of the proper executive officer (e.g., President) is subject to judicial
review.
A person whose liberty of abode is violated may petition for a writ of habeas
corpus (see Sec. 15.) against another holding him in detention.

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.

The arguments given for the inclusion of this section are:

a. It is in consonance with the principle of popular sovereignty. In a democratic society, the

sovereign people have the right of access to the records of their government;
b. It will enable the people to participate more effectively in governmental affairs especially
in questioning the acts of the authorities;
c. It will make denunciation of government more factual, responsible, and effective;
d. It will provide a deterrent to the commission of venalities because of the resulting
awareness of officials that their acts will be exposed to the full light of public scrutiny; and
e. It will reduce public suspicion of officials and thus foster rapport and harmony between
the government and the people.
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.

The right to form associations is the freedom to organize or to be a member of any group
or association, union, or society, and to adopt the rules which the members judge most
appropriate to achieve their purpose.

Section 9. Private property shall not be taken for public use without just compensation

Essentials or Inherent Powers of the State

Eminent Domain – is the right or power of the State or of those to whom the power has been
lawfully delegated to take (or expropriate) private property for public use upon paying to the
owner a just compensation to be ascertained according to law.

Police Power – has been referred to as the power of the State to enact such laws or regulations in
relation to persons and property as may promote public health, public morals, public safety, and
the general welfare and convenience of the people.

Taxation is the power of the State to impose charge or burden upon persons, property, or
property rights, for the use and support of the government and to enable it to discharge its
appropriate functions.

Similarities of the Three Powers

a. They all rest upon necessity because there can be no effective government without them;
b. They are inherent in sovereignty
c. They are ways by which the State interferes with private rights and property;
d. They are all legislative in character; and
e. They all presuppose an equivalent compensation received, directly or indirectly, by the
person affected by the exercise of these powers by the government.

Distinctions among the Three Powers

a. As to authority which exercises the power
Taxation and police power are exercised only by the government, while the exercise of the power
of eminent domain may be granted to public service companies

b. As to purpose
In taxation, the property (generally in the form of money) is taken for the support of the
government; in eminent domain, for public use; and in police power, the property is taken or
destroyed for the purpose of promoting the general welfare.,

c. As to effect
In taxation, the money contributed becomes part of public funds; in eminent domain, there is a
transfer of the right to property whether it be ownership or a lesser right; and in police power,
there is no transfer; at most, there is a restraint in the injurious use of property.
d. As to person affected
Taxation and (usually) police power operate upon ma community or a class of individuals, while
eminent domain operates on an individual as the owner of a particular property

e. As to benefits received
In taxation, it is assumed that the individual receives the equivalent of the tax in the form of
benefits and protection he receives from the government; in eminent domain, he receives just
compensation for the property expropriated; and in police power, the compensation of the
individual is not immediate and usually annoyance and financial loss are caused to him leaving
the reward to be reaped through his altruistic recognition that the restraint is for the public good.

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 – is the security required by a court and given for the provisional or temporary release of a
person who is in the custody of the law conditioned upon his appearance before any court as
required under the conditions specified

Section 14. No person shall be held to answer for a criminal offense without due process of
law.
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.

Prima Facie – sufficient for proof if uncontradicted

ARRAIGNMENT – is made in open court by the judge or clerk, and consists in

furnishing the accused a copy of the complaint or information with the list of witnesses, reading
the same in the language or dialect known to him and asking him whether he pleads guilty or not
guilty.

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.

The WRIT OF HABEAS CORPUS is an order issued by a court of competent jurisdiction,

directed to the person detaining another, commanding him to produce the body of the prisoner at
a designated time and place, and to show sufficient cause for holding in custody the individual so
detained.

Section 17. 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 grounds of:

(1) Public policy, because if the party is 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 extortion of confession by duress.

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.

Involuntary servitude denotes a condition of enforced, compulsory service of one to another. It

includes:

(a) Slavery or the state of entire subjection of one person to the will of another; and
(b) Peonage or the voluntary submission of a person (peon) to the will of another because of
his debt.

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.

The right against 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.

Meaning of ex post facto law

– law that retroactively makes criminal conduct that was not criminal when performed, increases
the punishment for crimes already committed, or changes the rules of procedure in force at the
time an alleged crime was committed in a way substantially disadvantageous to the accused.

An ex post facto law is one which, operating retrospectively –

(1) makes an act done before the passage of a law, innocent when done, criminal, and punishes
such act; or
(2) aggravates a crime or makes it greater than when it was committed; or
(3) changes the punishment and inflicts a greater punishment that what the law annexed to the
crime, when committed; or
(4) alters the legal rules of evidence, and received less testimony than or different testimony from
what the law required at the time of the commission of the offense, in order to convict the
offender.

Bill of Attainder – is a legislative act which inflicts punishment without a judicial trial.
– a legislative act that singles out an individual or group for punishment without a trial.

CONSTITUTIONAL RIGHTS OF THE ACCUSE IN CRIMINAL CASES

1. The right to adequate legal assistance
2. The right, when under investigation for the commission of an offense, to be informed of his
right to remain silent and to have counsel
3. The right against the use of torture, force, violence, threat, intimidation or any other means
which vitiates the free will
4. The right against being held in secret, incommunicado, or similar forms of solitary detention
5. The right to bail and aggainst excessive bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of the nature and cause of the accusation against himself
10. The right to have a speedy, impartial, and public trial

Definition of Legal Terms

Ex Post Facto Law
- law that retroactively makes criminal conduct that was not criminal when
performed, increases the punishment for crimes already committed, or changes the rules of
procedure in force at the time an alleged crime was committed in a way substantially
disadvantageous to the accused.

Double jeopardy
- common term for the constitutional provision that guarantees a person may not be
tried twice for the same crime

Double Jeopardy: The concept of double jeopardy is that a person shall not be prosecuted more
than one time for a crime. This is to prevent the government from continually trying a client until
they obtain a conviction. Generally, this rule requires the prosecution to bring all charges related
to an event to trial at one time. If they fail to do this and a person is either convicted or acquitted
of the charges actually filed, the prosecution will be prohibited from filing additional charges
later. This rule does not prohibit re-trial of cases in which the jury was unable to reach a verdict
or which were dismissed prior to trial.

Subpoena: Is an order of the court compelling a person to attend a trial and give evidence.
Disobedience of such an order may result in the arrest of the person subpoenaed. A subpoena
may also order you to produce physical items such as records or objects. This is called a
subpoena duces tecum.