CONCEPT OF A BILL OF RIGHTS

A bill of rights may be defined as a

declaration and enumeration of a person’s
rights and privileges which the
Constitution is designed to protect against
violations by the government , or by
individual or groups of individuals.
CLASSES OF RIGHTS
The rights that a citizen of a democratic state enjoys may be classified
into:
1. Natural rights - They are those rights possessed by every citizen
without being granted by the State for they are given to man by
God as a human being created to His image so that he may live a
happy life. Ex. Right to life and right to love
2. Constitutional rights - They are those rights which are conferred and
protected by the Constitution. Since they are part of the
fundamental law, they cannot be modified or taken away by the law
–making body
3. Statutory rights - They are those rights which are provided by laws
promulgated by the law –making body and, consequently, may be
abolished by the same body. Ex. right to receive minimum wage
and right to inherit property.
CLASSIFICATION OF CONSTITUIONAL RIGHTS
The rights secured by the Constitution may be classified as
follows:
1. Political rights- They are such rights of the citizens which
give them the power to participate, directly or indirectly, in
the establishment or administration of the government.
Ex. right of citizenship, right of suffrage and the right to
information on matters of public concern.
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.
Ex. rights against involuntary servitude, liberty of abode,
freedom of speech, or of expression
CLASSIFICATION OF CONSTITUIONAL RIGHTS
3. Social and economic right- They include those rights which
are intended to insure the well-being and economic security
of the individual.
Ex. right to property, right to just compensation for private
property taken for public use.
4. Rights of the accused - They are the (civil) rights intended
for the protection of a person accused of any crime.
Ex. the right to presumption of innocence, right to a speedy ,
impartial, and public trial , and the right against cruel ,
degrading, or inhuman punishment .
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.

 Life – is not limited to the literal meaning of life. It

includes the right of individual to its body in its
completeness, free from dismemberment, and extends
to God-given faculties which makes life enjoyable.
 Liberty - the right to exist and right to be free from
personal restraint or servitude, the right to contract,
the right to choose one’s employment, the right to
labor etc.
 Property - refers to anything that can come under the
right of ownership and be subject of contract.
Due Process of Law
It is a legal maxims which hears before it condemns
and renders judgment only after trial.
Two (2) Aspects of Due Process
1. Procedural Due Process – The manner or
procedure which must be followed in the
enforcement or application of law.
2. Substantive Due Process – This means that the law
to be applied is valid, just and not arbitrary.
Equal Protection of Law
It means that all persons or things
similarly situated should be treated
alike both as to rights conferred and
responsibilities imposed.
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 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) A 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) A warrant of arrest is a written order to arrest a person
designated to take him in custody in order that he may be
bound to answer for the commission of an offense.
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT OF ARREST
They are:
(1) It must be issued upon probable cause;
(2) The probable cause must be determined personally by the
judge himself,
(3) Such determination of the existence of probable cause must
be made after examination by the judge of the complainant
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.
WHEN SEARCH AND SEIZURE MAY 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
latter 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 the 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 his
case is pending, or has escaped while being transferred from
one confinement to another.
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.
MEANING OF RIGHT OF PRIVACY – The right to be left alone.
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.
MEANING OF FREEDOM OF SPEECH, AND
EXPRESSION, AND OF THE PRESS – The right to
freely utter and publish whatever one pleases
without previous restraint, and to be protected
against any responsibility for so doing as long as it
does not violate the law, or injure someone’s
character, reputation, or business.
Limitation of Freedom of Speech
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 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.
SEC. 6: The liberty of abode and of changing the
same within the limit prescribed by law shall not
be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired
in the interest of national security, public safety
or public health, as may be provided by law.

MEANING OF LIBERTY OF
ABODE AND TRAVEL – It is the
right of a person to have his
home in whatever place chosen
by him and thereafter to
change it at will, and to go
where he pleases, without
interference of any source.
SEC. 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 limitations as maybe
provided by law.
SEC. 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.

MEANING OF 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.
SEC. 9: Private property shall not be
taken for public use without just
compensation.

JUST COMPENSATION
o means the value of the property in terms of money
to be paid for the taking.
SEC. 10: No law impairing the obligation
of contracts shall be passed.

Meaning of obligation of a contract - is the law

or duty which binds the parties to perform their
agreement according to its terms or intent, if it is
not contrary to law, morals, good customs, public
order, or public policy.
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.
SEC. 12: (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.

(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.

(3) Any confession or admission obtained in violation of this or

Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to the rehabilitation of victims of
torture or similar practices, and their families.
Rights of person under investigation
1. To be informed of his right to remain silent.
2. To have competent and independent counsel
preferably of his own choice or to be provided
with one.
3. Against the use of torture, force, violence,
threat, intimidation or any other means which
vitiates the free will.
SEC. 13: All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction,
be bail able 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.
SEC. 14: (1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided
that he has been duly notified and his failure to appear
is unjustifiable.
SEC. 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.

Meaning of writ of habeas corpus

The writ of habeas corpus is an order issued by a court of
competent of jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at a
designated time and place, and to show sufficient cause for holding
the individual so detained. If sufficient cause cannot be shown, the
court will then order the person freed.
SEC. 16: All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.

Right to Speedy and Public Trials

The guarantee of a “speedy trial” is meant to insure
that the accused will be tried in reasonable time, as it is
said in the dictum is “Justice delayed justice denied”. It
seeks to protect the accused from languishing in jail while
awaiting trial. A speedy trial must also mean a “public trial”.
This is guarantee ensures against any manipulation as to
the outcome of the case.
SEC. 17: No person shall be compelled to
be a witness against himself.

SEC. 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.
Meaning of “INVOLUNTARY SERVITUDE”:
a compulsory service of one to another.
SEC. 19: (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.
“HEINOUS CRIMES”
- offenses that are exceedingly bad or evil or
those committed with extreme cruelty as to shock
the general moral sense such as rape, parricide,
murder, robbery with homicide.
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.

Meaning of “DOUBLE JEOPARDY”

when a person is charged with an offense and
the case is terminated by acquittal or conviction, he
will not be charged again with the same offense.
SECTION 22. No ex post facto law or bill
of attainder shall be enacted.

Ex post facto law makes an act punishable

but which was not punishable when it was
committed.

Bill of Attainder is a legislative act which

punishes a person without the benefit of
judicial trial.