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.

Due Process

There must be a court with judicial power to

hear and decide the matter before it.

The respondents must be given an

opportunity to be heard.
The court must acquire lawful
jurisiction over the person or the
accused or over the property which is
the subject of the proceedings

Judgement must be rendered

following the trial.

Does due process require a

hearing?

No. But simply an opportunity to be

heard, to ventilate a partys side.

Classification of Due Process

Procedural: method or manner by

which the law is enforced. Ex. Right to
appeal, to be heard by his counsel etc.

Substantive: refers to the law itself

and its application to certain case in
accordance to reason and the legal
consequences and penalty must be
just and appropriate.

Administrative: Right to a hearing which

include the right to present evidences
The tribunal must consider the evidences
forwarded or adduced
The tribunal must support the decision
The
decision must be culled from the evidence
made.
presented by both parties, and must be made
known to the involved parties

The decision of the case must be arrived

at by an independent tribunal
The tribunal should, in all controversial
questions, render its decision that parties
can know the various issues involved and
the reason for such decision

Student Grievance

Students must be informed in writing of the

nature and cause of an accusation against them.
They shall have the right to answer the charges
against them, with the assistance of counsel, if
desired.
They shall be informed of the evidences against
them;
They shall have the right to adduce evidence in
their own behalf
The evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the case

Person, Life, Liberty and

Property
Person-subject of law.
-natural: human being of whatever sex
or age possessing a physical
attributes of a rational being.
-juridical: is a legal entity bestowed
certain legal rights and duties as of
those natural persons.

Life

Refers to the physical appearance

and existence of a human form. Ex.
Right to self preservation and
determination, right to enrich one s
life

Liberty

Right of individual to be free from

physical restraint of his person such
as imprisonment or detention, but
also to be free in the use of his
faculties in all lawful ways.
Ex. Freedom of expression, speech
and travel

Property

Refers to a thing itself, or the right

over things. It includes the right to
own, use, transmit, and even destroy
the property, subject however to the
right of the state and of other
persons.
Ones employment is a property right
in labor law

Art. 3 Sec 1

Deprivation of life: loss of any of the

various physical and mental attributes

Deprivation of Liberty: prevention,

suppression and restriction of human
freedom and expression

Deprivation of Property: when a

property is unlawfully confiscated, or
unreasonably prevented.

Is deprivation per se illegal?

Deprivation per se is not essentially

illegal. What is primarily illegal is the
deprivation of life, liberty, property
without due process.

Equal Protection of Law

Applies to all persons without distinctions

according to status, education or rank.

The whole idea is to prohibit undue

favor to anyone, special privilege for
any individual or class or hostile
discrimanation against any party.

Equal Protection Clause

Equality of all persons before the law.

Extends merely to persons or

properties of the same class.
Benefits for male and female employees
Compulsory military service

Conditions
Substantial distinction: passing a law on
free education.
-Poor and deserving, poor but
undeserving, rich

Relevant to the Law: Compulsory

military service. Male only.
what about the granting of educational
benefits only for female?

Conditions

Not limited to existing condition.

Imposing sugar import tax to Ormoc
Sugar Company.

-To be a law to be valid it must operate

not only to existing condition but also to
the future.

Conditions

Apply to all members of the same class.

Newspapers
Schools

Tell whether the examples violate the

equal protection clause
Different Professions are taxed
according to income earned
Retail trade is limited only to Filipinos
Foreign-owned corporations pay
higher taxes than Filipinos
Admission in college is granted only
to those who pass the entrance
Executive
examination
order by Pres. Aquino for the

creation of Truth Commission to

investigate the cases against President

Summary

Substantial distinction
Relevant to the law
Not limited to existing condition
Apply 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
persons or things to be seized.

Search warrant

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.

Warrant of Arrest

Is a command in formal writing

issued against a person, to take him
into custody of law in order that he
may be bound to answer for the
commission of an offense.

Requisites of a search warrant

It must be issued upon probable cause

The probable cause must be determined personally
by competent judge
The existence of probable cause is determined on
the basis of careful examination by a competent
judge, following a formal complaint. Witnesses may
preclude the existence of a probable cause, provided
legally, that they are executed under oath in an
affidavit to determine the likelihood and establish
the veracity of their claims.
The warrant must specifically identify and describe
the place to be searched or the person or things to

Exemptions

Where there exists consent or waiver. Say for

example, when a person voluntarily submits
himself under lawful arrest.
When the search is executed in compliance with
lawful order or when the search is incidental to a
lawful arrest.
For moving vehicles which appeared suspicious
to be containing unlawful goods.
Where the possesion of the article are prohibited
by law and are exposed to naked eyes and bare
hands.-plain view doctrine

Circumstances of warrant less

arrest

When a person to be arrested is in

flagrante delicto (caught in the act)
or is attempting to commit an act.

When the right has been voluntarily

waived such as posting of bail bond,
or when there exists consent.
When a person to be arrested is a
prisoner who has escaped from a
penal establishment or place.

When the felony has been committed and the

peace officer or private person has personal
knowledge of material facts that the suspect
to be arrested has actually committed it.

Acts that are incidental to the operations

of the law, like raids, buy-bust operations,
entrapment or check points.

When the writ of habeas corpus has been

suspended upon the declaration of Martial
Law.

Case Study

On May 1, 2011, at the height of EDSA

III, President Arroyo declared the
existence of a state of rebellion and
ordered the AFP and PNP to suppress the
rebellion. Could police and military men
make warrantless arrest against leaders
and promoters of the rebellion even after
the dispersal of the angry and violent
mob that attacked Malacaang?

Continuing Crime Doctrine

Rebellion is a continuing crime

Case study

During the Oakwood mutiny, President Arroyo

declared the existence of a state of rebellion.
When the mutineers returned to their
barracks, the President did not immediately lift
the state of rebellion. There was an
apprehension that Se. Honasan will be
arrested for allegedly masterminded the cou
d etat. Sen. Drilon gave an opinion that Sen.
Honasan could not be arrested without a
warrant of arrest. Could the government cause
the arrest of Sen. Honasan without a court
warrant?
Presence, flagrante delicto principle

Case Study
An

officer frisks a bystander

without any reason and
discovers dangerous drug from
his pocket, is the apprehension
of the latter lawful or not?
The arresting officer must be
personally aware of the commission o
such crime.

Is checkpoint legal?

Yes, as long as the search by police

who are manning it is limited to
visual inspection.

Plain view doctrine: Incriminatory items within the

plain view of the police officer may be confiscated
without offense to the constitution
Can a police officer who sees a person holding dangerous drugs
immediately seize the drugs and arrest the offender for illegal posse

What

would you feel if

someone intrudes in
you personal
property?

Section 3

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.
Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.

Section 4

No law shall be passed abridging the

freedom of speech, of expression, or
the press, or the right of the people
peaceably to assemble and petition
the government for redress of
grievances.

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.

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.

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.

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 abridge.

Section 9

Private property shall not be taken

for public use without just
compensation.

Section 10

No law impairing the obligation of

contracts shall be passed.

Section 11

Free access to the courts and quasijudicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.

Section 12

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.
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.
Any confession or admission obtained in violation of this or
Section 17 hereof shall be in admissible in evidence against
him.
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.

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.

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 injustifiable.

Section 15

The privilige of the writ of habeas

corpus shall not be suspended
except in cases of invasion or
rebellion when the public safety
requires it.

Section 16

All persons shall have the right to a

speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.

Section 17

No person shall be compelled to be a

witness against himself.

Section 18

No person shall be detained solely

by reason of his political beliefs and
aspirations.
No involuntary servitude in any form
shall exist except as a punishment
for a crime whereof the party shall
have been duly convicted.

Section 19

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 penalty
already imposed shall be reduced to
reclusion perpetua.

Section 20

No person shall be imprisoned for

debt or non-payment of a poll tax.

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.

Section 22

No ex post facto law or bill of

attainder shall be enacted.