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Bill of Rights - 1987 Philippine Constitution

What is Bill of Rights? - 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.
There are three classifications of Human Rights:
1. Natural Rights - Rights Possessed Not granted by Conferred GOD Right to Love.
2. What are Constitutional Rights?
1. Political Rights, rights that give citizens the power to participate directly/indirectly, in the
establishment or administration of government.
2. Civil Rights, rights that secure every individual of the enjoyment of their means of
happiness.
3. Social and Economic Rights, rights that ensure the well-being and economic security of the
individual.
4. Rights of the Accused Rights intended for the protection of a person accused of any crime.

5.
3. What are Statutory Rights? Right to Sell Consumer Rights Right against deceptive sales act.
These are rights that are promulgated by laws through law-making bodies, and may, be
abolished by the same body.
2 Kinds of Rights According to:
1. Quality Positive Rights: Right to… Freedom to…
2. Negative Rights: Right against… Freedom against…
Section 1 - 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 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.
 Due Process of Law Procedural Due Process Substantive Due Process It refers a procedure:
“which hears before it condemns, which proceeds upon inquiry, and renders judgment only
after trial.” This tells us that the law itself must be fair, reasonable and just.
What is the difference between the two?
 Procedural Due Process Substantive Due Process Elements of Procedural Due Process : a. Notice
and hearing b. Jurisdiction over the person or subject matter c. Impartial court or tribunal d.
Defendant or party is given chance to be heard, and e. Judgment is given only after lawful
hearing. Substantive Due Process: The State must not exercise arbitrary power.
 Equal Protection Clause
 Each person is dealt equally in law. But, the reality is that people and things, circumstances, are
situated differently. Thus, this means that, everyone belonging to the same class must be
treated in the same way. Similarly situated persons/things must be treated similarly.
Section 2 - The right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except… upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
 Searches Seizures Arrests Illegal Warrant Issued by the Judge
 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.
When the searches, seizures and arrests are are invalid?
 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.
 Allowable warrantless searches:
A person who is validly arrested may be searched in his person.
An officer who legally enters a premise and sees an illegal object may seize it.
A moving vehicle, with reasonable suspicion, may be stopped and searched for criminal activity.
One who consents to be searched maybe searched without a warrant.
 Searches may be made without a warrant at customs or airports prior to boarding.
Warrantless Arrests:
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.
Section 3 - (1) the privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2)
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
 This section covers? Letters Messages Emails Telephone calls
 Is the privacy of communication and correspondence absolute?
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.”
Section 4 - No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.
 Freedom of Expression Why is this guaranteed in the Constitution?
Essential for the search of truth.
Essential for democracy to work.
Essential for the citizens to promote self-realization and self-determination.
Section 4 also guarantees for the prohibition against Prior Restraint. What is Prior Restraint? Prior
Restraint the actual and official governmental restrictions of the press and other forms of expression
in advance actual prohibition or dissemination.
 Freedom of Speech is not an absolute right. Libel Obscenity 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) “…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)
Section 5 - No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
 Non-Establishment Clause Free Exercise Clause:
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:
o State can’t prohibit a person from choosing his/her religion.
o State can’t force a person from choosing his/her religion.
Section 6 - The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety, or public health, as may be provided by law.
 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.
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.
 Right to Information Right of Access to Official Records and Documents Information that be
withheld to the public:
1. National security matters
2. Confidential diplomatic matters
3. Trade secrets and banking transactions
4. Identity of informants in criminal investigation
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.
 Right of Association Right to organize is a very basic human drive. Right to strike is also
guaranteed. The Supreme Court ruled that employees of SSS and public school teachers can’t
wage a strike.
Section 9 - 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.
Section 10 - No law impairing the obligations of contracts be passed.
 Impairment of Contract “There is an impairment of contract when a law changes the terms of
legal contract between parties either in time or mode of performance, or imposes new
conditions, r dispenses with those expressed, or authorizes for its satisfaction something
different from that provided in its terms.”
Section 11 - Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
According to PAO’s website
57. Section 12
58. (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.
59. (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.
60. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
61. (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.
62. Miranda Doctrine 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?
63. 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
64. Self-Incrmination
65. 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.
66. Section 13
67. 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.
68. Right to Bail 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.
69. Section 14
70. (1) No person shall be held to answer for a criminal offense without due process of law.
71. (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.
72. 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.
73. 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.
74. Section 15
75. 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.
76. 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.”
77. Section 16
78. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.
79. What if the speedy disposition of cases is violated?
80. 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.
81. Section 17
82. No person shall be compelled to be a witness against himself.
83. 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
84. Section 18
85. (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.
86. Involuntary servitude exists as a punishment as: forced labor. NSTP, ROTC, CWTS are not grounds for
involuntary servitude, instead these are faculties of the state that the citizens that incurred of as duties
and responsibilities.
87. Section 19
88. (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.
89. (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.
90. 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.
91. Section 20
92. No person should be imprisoned for debt or non- payment of a poll tax.
93. 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.
94. Bad Faith Latin: Malafides Means double mindedness or double heartedness in duplicity, fraud, or
deception. Can be expressed through faith, belief, attitude, and loyalty.
95. Section 21
96. 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.
97. Double Jeopardy “…To be prosecuted more than once for the same offense..”
98. Double jeopardy ends: 1.Once the accused is acquitted or convicted. 2.Dismissal of the charges.
99. Section 22
100. No ex-post facto law or bill or attainder shall be enacted.
101. 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.
102. Bill of Attainder A legislative act which inflicts punishment without judicial trial. Example: Law that
makes all Filipinos who served under the Japanese government may not hold public offices.
103. Film Showing: Hotel Rwanda
104. Thank you!