BILL OF RIGHTS

Mark Niño I. Serrano

THE
FUNDAMENTAL
POWERS OF THE
STATE
 They are exercised in the State and may be exercised by it
without need of express constitutional grant
 They are not only necessary but indispensable. The State cannot
continue or be effective unless it is able to exercise them
 They are methods by which the State interferes with private rights
 They all presuppose an equivalent compensation for the private
rights interfered with
 They are exercised primarily by the legislature

FEATURES OF FUNDAMENTAL POWERS

OF THE STATE
(CRUZ, SUPRA AT 80-81)
 POLICE POWER
 POWER OF EMINENT DOMAIN OR EXPROPRIATION POWER
 TAXATION POWER

THE INHERENT POWERS OF THE STATE

 POLICE POWER TAXATION EMINENT DOMAIN
Extent of Power
Regulates liberty and Affects only property rights Affects only property rights
property

Power exercised by whom

Exercised only by the Exercised only by the Maybe exercised by private
government government entities

Purpose
Property taken is destroyed Property taken for public use Property taken for public use

Compensation
Intangible; general welfare Protection and public Value of the property
improvements expropriated
THE CONCEPT
OF BILL OF
RIGHTS
 The Bill of Rights as a concept came from the idea of Liberals
emerged as a response to the autocratic, Divine Right rule of the
Monarchs during the 17th Century.
 Like “liberty,” the word “liberal” is derived from the Latin liber,
meaning “free.” Liberals see themselves as champions of
individual liberty who work to create or preserve an open and
tolerant society—a society whose members are free to pursue
their own ideas and interests with as little interference as possible.
 This has been their project since liberalism began as a reaction
against two features of medieval society in Europe: religious
conformity and ascribed status.

LIBERAL FRAMEWORK
 Thomas Hobbes’s Leviathan (1651) - All individuals are equal.
Everyone has a natural right to be free, and no one has the right
to rule another without that person’s consent. However
suggested a distinctly illiberal conclusion that people, for the
sake of their security, must voluntarily grant absolute power over
themselves to a sovereign ruler (The Leviathan).

THE SOCIAL CONTRACT

 John Locke (1632–1704) - Argued for a measure of religious liberty
in his Letter Concerning Toleration (1689), and in the Second
Treatise of Government (1690) he defended the right of the
people to overthrow any government that does not protect their
natural rights to life, liberty, and property. The arguments he
advanced—the natural equality of men, natural rights,
government founded on the consent of the governed—were
invoked throughout the eighteenth century.

THE SOCIAL CONTRACT

 Jean Jacques Rosseau’s Social Contract (1762) - The Social
Contract outlines how a government could exist in such a way
that it protects the equality and character of its citizens.
Rousseau pointed in the book, “Man was/is born free; and
everywhere he is in chains.” (Social Contract, Vol. IV, p. 131). But
unlike the first two Discourses, the Social Contract looks forward,
and explores the potential for moving from the specious social
contract to a legitimate one.

THE SOCIAL CONTRACT

 B
i P
S TAXATION l
l
E
T o
O
A EMINENT DOMAIN
f

P
T R
i
L
E
g
POLICE POWER h
t E
s
 It is the set of prescriptions setting forth the fundamental civil and
political rights of the individual, and imposing limitations on the
powers of government as a means of securing the enjoyment of
these rights.
 It can be invoked in the absence of governmental interference.
 Can only be applied against the State (Almost all liberties are
also guaranteed by Article 32 of the Civil Code, thus can be
invoked against individuals)

BILL OF RIGHTS
ON POLICE
POWER
 Police Power – considered most pervasive, the least limitable,
and the most demanding of the three powers. It may be
exercised as long as the activity or property sought to be
regulated has some relevance to public welfare (Gerochi v. DOE,
GR 159796, July 17, 2007)
 It enables it to prohibit all that is hurtful to the comfort, safety, and
welfare of society (Ermita-Malate Hotel and Motel Operators
Association Inc. v. Mayor of Manila, GR No. L-24693, July 31, 1967)

DEFINING POLICE POWER

 Salus populi est suprema lex – the will of the people is the
supreme law
 Sic utere tuo ut alienum non laedas – use your property so as not
to injure the property rights of others
 Dur Lex, Sed Lex – the law may be harsh, but it is the law

JUSTIFICATION
 Public Health
 Public morals
 Public safety
 Public welfare

ASPECTS OF POLICE POWER

 Lawful subject – The interests of the public generally, as
distinguished from those of a particular class, require the exercise
of the police power
 Lawful means – The means employed are reasonably necessary
and not unduly oppressive upon individuals

TESTS TO DETERMINE VALID POLICE

MEASURE
ON EMINENT
DOMAIN
 EMINENT DOMAIN – The power to forcibly take private property
for public use upon the payment of just compensation (SUAREZ,,
supra at 125)
 Can also be referred as Expropriation Power

DEFINING EMINENT DOMAIN

 Necessity of the property for public use (American Print Works v.
Lawrence, 23 N.J.L. 590)

JUSTIFICATION
 Taking of Private Property
 For public use
 Just compensation
 Observance of due process

CONDITIONS
 The expropriator must enter a Private Property
 Entry must be for more than a Momentary period
 Entry mjust be under warrant or color of legal Authority
 Property must be devoted to Public use or otherwise informally
appropriated or injuriously affected
 Utilization of property mjust be in such a way as ot oust the owner
and deprive him of beneficial enjoyment of the property
(Republic v. vda. De Castellvi, GR No. L-20620)

REQUISITES OF VALID TAKING

ON TAXATION
POWER
 TAXATION POWER – the power by which te sovereign, through its
law-making body, raises revenue to defray the necessary
expenses of government. It is a way of apportioning the costs of
government among those who in some measure are privileged
to enjoy its benefits and must bear its burden (51 Am.Jur.34)

DEFINING TAXATION POWER

 Enforced proportional contributions from person and property
 Levied by the State by virtue of its sovereignty
 For the support of the government
 For public needs

 “Taxes are the lifeblood of the State”

TAXES
 Public Purpose
 Non-delegability of power
 Territoriality or suits of taxation
 Exemption of government from taxation
 International comity

INHERENT LIMITATIONS
ART. III OF THE
1987
CONSTITUTION
 Right to Life
 Right to Liberty
 Right to Property

FUNDAMENTAL RIGHTS
 There shall be a law prescribed in harmony with the general
powers of the legislature
 That it shall be reasonable in its operation
 That it shall be enforced according to the regular methos of
procedure prescribed
 That it shall be applicable alike to all citizens of the State or to all
of class

DUE PROCESS
 Substantive Due Process
 Procedural Due Process

ASPECTS OF DUE PROCESS

 This serves as a restriction on the government’s law an rule-
making powers
 The interests of the public in general, as distinguished from those
of a particular class, require the intervention of the state
 The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon
individuals

SUBSTANTIVE DUE PROCESS

 Serves as a restriction on actions of the judicial and quasi-judicial
agencies of the government
 Impartial court or tribunal clothed with judicial power to hear and
determine the matters before it
 Jurisdiction properly acquired over the person of the defendant
and over property which is the subject matter of the proceeding
 Opportunity to be heard
 Judgement rendered upon laeful hearing and based on
evidence adduced

PROCEDURAL DUE PROCESS

 It means that all persons of things similarly situated should be
treated alike, both as to rights conferred and responsibilities
imposed.

EQUAL PROTECTION CLAUSE

 There should be a search warrant of warrant of arrest
 Probable cause supported the issuance of such warrant
 Such probable cause had been determined by a judge
 Judge personally examined the complainant and his witnesses
 The warrant mjust particularly describe the place to be search
and the persons or things to be sseized

WARRANT REQUIREMENT
 Property subject of the offense
 Stolen or embezzled property and other proceeds or fruits of the
offense
 Property used or intended to be used as means for the
commission of an offense

PROPERTIES SUBJECT TO SEIZURE

 Such facts and circumstances antecedent t the issuance of a
warrant that in themselves are sufficient to induce of a warrant
that in themselves are sufficient to induce a cautious man to rely
on them and act in pursuance thereof.

PROBABLE CAUSE
 By lawful means order of the court
 Public safety or public order as prescribed by law

EXCEPTIONS TO RIGHT TO PRIVACY IN

COMMUNICATIONS AND
CORRESPONDENCES?
 Freedom of Speech
 Freedom of the Press
 Right of Assembly and to petition the government for redress of
grievances
 Right to form associations or societies not contrary to law
 Freedom of religion
 Right to access to information on matters public concern

CONCEPT OF FREEDOM OF
EXPRESSION
 It should be exercised within the bounds of laws enacted for the
promotion of social interests and the protection other equally
important individual rights
 Laws against obscenity, libel and slander
 Right to state/government to be protected from seditious attacks
 Legislative immunities
 Fraudulent matters
 Advocacy of imminent lawless conducts
 Fighting words
 Guarantee implies only the right to reach a willing audience but not
the right to compel others to listen, see or read

LIMITS OF FREEDOM OF EXPRESSION

 Non-establishment clause
 Free exercise clause, or the freedom of religious profession and
worship

FREEDOM OF RELIGION
 Freedom to chose and change one’s place of abode
 Freedom to travel within the country and outside
 The liberty of abode may be impaired only upon lawful order of
the court and within the limits prescribed by law.

LIBERTY OF ABODE AND RIGHT TO

TRAVEL
 This covers the information on matters of public concern. It
pertains to access to official acts, transactions or decisions, as
well as to government research data used as basis of policy
development

RIGHT TO INFORMATION AND ACCESS

TO PUBLIC RECORDS
 The right to unionize is an economic and labor right while the
right to association in general if civil-political right.
 Freedom of association includes the freedom not to associate,
or, if one is already a member, to disaffiliate from the association

FREEDOM OF ASSOCIATION
 This covers information on matters of public concern. It pertains
to access to official records, documents and papers pertaining
to official acts, transactions or decisions, as well as to
government research data used as basis for policy development.

RIGHT TO INFORMATION AND ACCESS

TO PUBLIC RECORDS
The access must be for a lawful purpose and is subject to
reasonable conditions by the custodian of the records.
XPNS: The right does not extend to the following:
1. Information affecting national security, military and diplomatic
secrets. It also includes inter‐government exchanges prior to
consultation of treaties and executive agreement as may
reasonably protect the national interest
2. Matters relating to investigation, apprehension, and detention
of criminals which the court may not inquire into prior to arrest,
prosecution and detention
3. Trade and industrial secrets and other banking transactions as
protected by the Intellectual Property Code and the Secrecy of
Bank Deposits Act
4. Other confidential information falling under the scope of the
Ethical Safety Act concerning classified information

EXCEPTIONS
Valid contracts should be respected by the legislature and not
tampered with by subsequent laws that will change the intention of
the parties or modify their rights and obligations. The will of the
parties to a contract must prevail. A later law which enlarges,
abridges, or in any manner changes the intent of the parties to the
contract necessarily impairs the contract itself and cannot be given
retroactive effect without violating the constitutional prohibition
against impairment of contracts. (Sangalang v. IAC, GR No. 71169,
December 22, 1988)
XPN: Enactment of laws pursuant to the exercise of police power
because public welfare prevails over private rights.

CONTRACT CLAUSE OR NON-

IMPAIRMENT CLAUSE
 Those protected include low paid employees, domestic servants
and laborers. (Cabangis v. Almeda Lopez, G.R. No. 47685,
September 20, 1940)
 They need not b e persons so poor that they must be supported
at public expense. It suffices that the plaintiff is indigent. And the
difference between paupers and indigent persons is that the
latter are persons who have no property or sources of income
sufficient for their support aside from their own labor though self
supporting when able to work and in employment. (Acar v. Rosal,
G.R. No. L‐21707, March 18, 1967)

LEGAL ASSISTANCE AND FREE ACCESS

TO COURTS
What are the Miranda rights?
These are the rights to which a person under custodial investigation is
entitled. These rights are:
1. Right to remain silent
2. Right to competent and independent counsel, preferably of his
own choice
3. Right to be reminded that if he cannot afford the services of
counsel, he would be provided with one
4. Right to be informed of his rights
5. Right against torture, force, violence, threat, intimidation or any
other means which vitiate the free will
6. Right against secret detention places, solitary, incommunicado, or
similar forms of detention
7. Right to have confessions or admissions obtained in violation of
these rights considered inadmissible in evidence (Miranda v
Arizona, 384 US 436, 1966)

RIGHT OF THE SUSPECTS

1. He cannot cross‐examine
2. No right to counsel except when confession is being obtained
3. He cannot file complaint or information without authority
4. Right to be present not absolute
5. No dismissal without approval
6. Right to discovery proceedings

RIGHTS AND LIMITATIONS OF A PERSON IN

A PRELIMINARY INVESTIGATION
1. Due process
2. Be presumed innocent
3. Be heard by himself and counsel
4. Be informed of the nature and cause of the accusation against
him
5. A speedy, impartial and public trial
6. Meet the witnesses face to face
7. Have compulsory process to secure the attendance of
witnesses and production of evidence on his behalf
8. Against double jeopardy
9. Bail

RIGHTS OF THE ACCUSED

1. Accused is heard by a court of competent jurisdiction
2. Accused is proceeded against under the orderly processes of
law
3. Accused is given notice and opportunity to be heard
4. Judgment rendered was within the authority of a constitutional
law

CRIMINAL DUE PROCESS

 It is the security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his appearance
before any court as required.
 The right to bail may be invoked once detention commences even if
no formal charges have yet to be filed. (Teehankee v. Rovira,
G.R.No. L‐101, Dec. 20, 1945)
 Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment, bail becomes discretionary.
(Sec. 5, Rule 114, Revised Rules of Criminal Procedure) Should the
court grant the application, the accused may be allowed to
continue on provisional liberty during the pendency of the appeal
under the same bail subject to the consent of the bondsman

RIGHT TO BAIL
 Writ of Habeas Corpus is a writ directed to the person detaining
another, commanding him to produce the body of the detainee
at a designated time and place, and to show the cause of his
detention.
 Privilege of the Writ of Habeas Corpus: It is the right to have an
immediate determination of the legality of the deprivation of
physical liberty.

PRIVILEGE OF WRIT OF HABEAS

CORPUS
 The Writ of Habeas Corpus extends to all cases of illegal
confinement or detention by which any person is deprived of his
liberty, or by which the rightful custody of any person is withheld
from the one entitled thereto.

APPLICATION FOR PRIVILEGE OF

HABEAS CORPUS
 It is a remedy available to any person whose right to life, liberty,
and security has been violated or is threatened with violation by
an unlawful act or omission of a public official or employee, or of
a private individual or entity. The writ covers extralegal killings and
enforced disappearance.

WRIT OF AMPARO
 The right is available not only in criminal prosecutions but also in
all other government proceedings, including civil actions and
administrative or legislative investigations that possess a criminal
or penal aspect—but not to private investigations done by
private individual (BPI vs. CASA, 430 SCRA 261). It may be
claimed not only by the accused but also by any witness to
whom a question calling for an incriminating answer is
addressed.

RIGHT AGAINST SELF-INCRIMINATION

 It is the condition where one is compelled by force, coercion, or
imprisonment, and against his will, to labor for another, whether he is
paid or not.
GR: No involuntary servitude shall exist.
XPNs:
1. Punishment for a crime for which the party has been duly
convicted
2. Personal military or civil service in the interest of national defense
3. In naval enlistment, a person who enlists in a merchant ship may be
compelled to remain in service until the end of a voyage
4. Posse comitatus or the conscription of able‐bodied men for the
apprehension of criminals
5. Return to work order issued by the DOLE Secretary or the President
6. Minors under patria potestas are obliged to obey their parents

RIGHT AGAINST INVOLUNTARY

SERVITUDE
 What are the standards used to determine if the penalty is cruel
and inhuman?
1. The punishment must not be so severe as to be degrading to
the dignity of human beings
2. It must not be applied arbitrarily
3. It must not be unacceptable to contemporary society
4. It must not be excessive, and it must serve a penal purpose
more effectively than a less severe punishment would
5. Excessive fine, or one which is disproportionate to the offense

PROHIBITED PUNISHMENT AND

POLITICAL PRISONERS
 Coverage:
1. Debt – any civil obligation arising from contract
2. Poll tax – a specific sum levied upon any person belonging to a
certain class without regard to property or occupation (e.g.
Community tax)

NON-IMPRISONMENT FOR DEBT

 When a person was charged with an offense and the case was
terminated by acquittal or conviction or in any other manner
without his consent, he cannot again be charged with the same
or identical offense. (Melo v. People, G.R. No. L‐3580, Mar. 22,
1950)
 TYPES OF DOUBLE JEOPARDY:
1. No person shall be twice put in jeopardy of punishment for the
same offense
2. 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
XPNs:
1. Dismissal based on insufficiency of evidence
2. Dismissal because of denial of accused’s right to speedy trial
3. Accused is discharged to be a State witness

DOUBLE JEOPARDY
1. Makes an act, which was innocent when done, criminal and
punishes such action
2. Aggravates a crime or makes it greater than when it was
committed
3. Changes the punishment and inflicts a greater punishment than
the law annexed to the crime when it was committed
4. Alters the legal rules of evidence and receives less or different
testimony than the law required at the time of the commission of
the offense in order to convict the defendant
5. Assumes to regulate civil rights and remedies only. In effect imposes
penalty or deprivation of a right for something which when done
was lawful
6. Deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a former
conviction or acquittal, or a proclamation of amnesty

EX POST FACTO LAW

 A “bill of attainder” is a legislative act that inflicts punishment
without trial, its essence being the substitution of legislative fiat for
a judicial determination of guilt. (People vs. Ferrer)

BILL OF ATTAINDER