Sie sind auf Seite 1von 57

Bill of Rights

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.
• 2. STATE AUTHORITY AND INDIVIDUAL FREEDOM 1. State, an instrument to promote both individual and social welfare. 2. Conflict between individual rights and
group welfare. 3. Balancing of individual and group rights and interests. 4. Role of the Judiciary. SEC. 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 LAWS Any deprivation of life, liberty, or property
by the State is with due process if it is done: 1. Under the authority of the law that is valid or the Constitution itself; and 2. After compliance with fair and reasonable
methods of procedure required by law. ASPECTS OF DUE PROCESS OF LAW 1. Procedural due process a. In judicial proceedings a1. An impartial court clothe by law
with authority to hear and determine the matter before it; a2. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter
of the proceeding; a3. Opportunity to be heard given the defendant; and a4. Judgment to be rendered after lawful hearing. b. In administrative proceedings 1.
Substantive due process a. Thus a tax which is imposed for a private purpose constitutes a taking of property without due process as it is beyond the authority of
legislature to levy. b. Likewise the taking of property for private use or without payment of just compensation offends substantive due process. PERSONS PROTECTED
– All persons within the territorial Jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens. MEANING OF LIFE –
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 – The right of man to use its faculties with which he has been endowed by his Creator subject only to the limitations that he does not
violate the law or the rights of others. MEANING OF PROPERTY – The thing itself or the right over a thing.
• 3. WHAT CONSTITUTES DEPRIVATION? 1. Deprivation of life – the loss of any of the various physical and mental attributes which man must have to live as a human
being. It is the very foundation of human rights. 2. Deprivation of liberty – that one is unduly prevented from acting the way he wishes to do. 3. Deprivation of
property – when its value is destroyed or its adaptability to some particular use or its capability for enjoyment is impaired. A. MEANING OF EQUAL PROTECTION OF
THE LAW – signifies that all persons subject to legislation should be treated alike under circumstances and conditions both in the privileges conferred and liabilities
imposed. B. REASONABLE CLASSIFICATION PERMITTED 1. Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations. 2.
Certain professions are limited to persons of the male sex. 3. Certain privileges for leaves and shorter hours of labor extended o women are not extended to men. 4.
Preference is given to Filipino citizens in the lease of public market stalls. 5. Different professions are taxed at different amount. 6. Employment in factories of
children under designated ages is prohibited. C. SCOPE OF THE GUARANTEE 1. The guarantee of equal protection (and due process of law) on all the organs of
government and all the subordinate instrumentalities and subdivisions thereof, and on the three inherent powers of government. 2. The guarantee is available to all
persons. 3. It does not extend to rights which are political. 4. It is not also intended to enforce social equality. 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 whatever 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 witness he may produce and particularly describing the place to be searched and the persons or things to be seized.
CLASSES OF RIGHTS
• Natural Rights –those possessed by every citizen without being
granted by the State for they are given to man by God as human
being created to His image that he may live a happy life.
• Constitutional Rights – conferred and protected by the Constitution.
• Statutory Rights – provided by law, promulgated by the law-making
body and consequently may be abolished by the same body.

CLASSIFICATION OF CONSTITUTIONAL RIGHTS


• Political Rights – the power to participate directly or indirectly in the
establishment or administration of the government.
• Civil Rights – a law which secures private individuals for the purpose
of securing enjoyment of their means of happiness.
• Social and Economic Rights – intended to insure the well – being and
economic security of an individual.
• Rights of the Accused – intended for the protection of a person
accused of any crime.
Bill of Rights
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.
• A. MEANING OF SEARCH WARRANT AND WARRANT OF ARREST 1. 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 a certain personal property and bring it before the
court. 2. Warrant of arrest – 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.
• 4. B. SCOPE OF PROTECTION 1. Persons – applies to every citizen of the Philippines including aliens whether accused of crime or not. 2. Houses – not
limited to dwelling houses but extends to a garage, warehouse, shop, store, office and even a safety deposit vault. 3. Papers and effect – include
sealed letters and packages in the mail which may be opened and examined only in pursuance of a valid search warrant. C. WHEN SEARCH AND
SEIZURE UNREASONABLE – In general, all illegal searches and seizures are unreasonable while lawful ones are reasonable. D. REQUISITES FOR VALID
SEARCH WARRANT OR WARRANT OF ARREST 1. 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. 4. Must particularly describe the place to be searched and the persons or things to be seized. E. MEANING OF PROBABLE
CAUSE – such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce cautious man to rely upon them and
act in pursuance thereof. F. SUFFICIENCY OF AFFIDAVIT UPON WHICH WARRANT IS BASED 1. Test of sufficiency affidavit – the true test of sufficiency
of an affidavit to warrant issuance to a search warrant is whether it had been drawn in a manner that perjury could be charged thereon and affiant
be held liable for damages caused in case his declaration are found to be false. 2. Basis of affidavit – must be based on personal knowledge or
information. G. SUFFICIENCY OF DESCRIPTION 1. Place – A description of the place to be searched is sufficient if the officer wi th a search warrant
can, with reasonable effort, ascertain and identify the place intended. 2. Person – As a rule, a warrant of arrest for the apprehension of an unnamed
party upon whom it is to be served is void except those cases where it contains a description of the person or such as will enable the officer to
identify the accused. 3. Property – is required to be specific only in so far as the circumstances will ordinarily allow.
• 5. H. RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURE, PERSONAL 1. Proper party to invoke right – the legality of search and seizure can be
contested only by the party whose personal rights were involved. 2. Right subject to waver – Without proper search warrant, no public official has
the right to enter the premises of another without his consent for the purpose of search and seizure. I. WHEN SEARCH AND SEIZURE MAY BE MADE
WITHOUT WARRANT 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. 4. 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. 6. Routinary searches usually made at the border or at ports of entry in the
interest of national security and for proper enforcement or customs and immigration laws J. WHEN ARREST MAY BE MADE WITHOUT WARRANT 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 has been personal knowledge of facts indicating that a person to be arrested has committed it. 3. When a person
to be arrested is a prisoner who has escaped from a penal establishment where he is serving final judgment or temporarily confined while his case is
pending, or has escaped while being transferred.
Bill of Rights
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.
• 6. BASIS AND PURPOSE OF THE RIGHT 1. Right existing in the state of nature. 2. Right designed to
secure enjoyment of one’s private life. RELATIONSHIP WITH RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES 1. Aspect of right to be secure in one’s person. 2. Privacy of
communication and correspondence LIMITATIONS ON THE RIGHT OF PRIVACY OF
COMMUNICATIONS 1. Permissible interference. a. Upon lawful order of the court; or b. When
public safety or order requires otherwise as prescribed by law. 2. Intervention of the court.
EVIDENCE ILLEGALLY OBTAINED 1. Inadmissible – any evidence obtained in violation of the right
against unreasonable search and seizures and the right to privacy and communication. 2. Reason –
its exclusion is the only practical way of enforcing the constitutional guarantees. 3. Right of owner –
the owner has the right that the articles seized be returned. MEANING OF 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 gathering, collecting, or storing of data or information regarding the
person, family, home, and correspondence of the aggrieved party. A. PURPOSE OF THE WRIT – to
secure the privacy of an individual by way of regulating the processing of personal information or
data about him. B. HOW WRIT OPERATES – Any aggrieved party may file a petition in court for the
writ of habeas data. The court shall issue the writ which shall be served upon the respondent who
shall file a written return under oath with supporting affidavits
Bill of Rights
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.
• 7. A. SCOPE OF FREEDOM OF EXPRESSION – the rights of assembly and petition, the right to form
associations or societies not contrary to the law, and the right to religious freedom. B. SCOPE OF
TERMS “SPEECH”, “EXPRESSION”, AND “PRESS” 1. “Speech” and “expression” cover any form of oral
utterances such as protests as expression of opinion about subjects of public concern. 2. The
“press” covers any sort of publications as instruments for mass communication. C. IMPORTANCE OF
THE GUARANTEE 1. Promotes growth of the individual and the nation. 2. Makes possible scrutiny of
acts and conduct of public officials. 3. Insures a responsive and popular government. D. FREEDOM
OF EXPRESSION NOT ABSOLUTE 1. Subject to regulation by the state. 2. Subject one to liability
when abused. E. JUSTIFICATION FOR ABRIDGMENT OF FREEDOM OF SPEECH AND OF THE PRESS 1.
Clear and present danger rule. 2. Application of rule. F. MEANING OF RIGHT OF ASSEMBLY AND
RIGHT OF PETITION 1. The right of assembly means the right on the part of the citizens to meet
peaceably for consultation in respect to public affairs. 2. The right of petition means the right of any
person or group of persons, to apply without fear of penalty to the appropriate branch or office of
government for redress of grievances. G. RELATIONSHIP WITH FREEDOM OF SPEECH AND OF THE
PRESS 1. Complement of right of free speech. 2. Application of clear and present danger rule.
Bill of Rights
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.
• 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, civil or ecclesiastical.
• 8. MEANING OF RELIGION – 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.
ASPECTS OF RELIGIOUS FREEDOM 1. The separation of Church and State. 2. The freedom of
religious profession and worship. FREEDOM OF RELIGIOUS PROFESSION AND WORSHIP 1. Freedom
to believe in a religion. 2. Freedom to act in accordance with such belief. RIGHT TO DISSEMINATE
RELIGIOUS BELIEFS 1. Relationship with right to believe. 2. Justification for restraint of right.
LICENSE FEE OR TAX ON SALE OF RELIGIOUS ARTICLES 1. Permission or condition for exercise of
right. 2. Imposition of financial burden after exercise of right. RELIGIOUS TEST PROHIBITED 1.
Meaning of terms a. A religious test is one demanding the avowal or repudiation of a certain
religious beliefs before the performance of any act. b. The expression of civil political rights (supra)
is to be understood as including the individual right safeguarded by the Constitution and statutory
laws. REASON FOR PROVISION – Without such prohibition, religious freedom becomes
meaningless. The State without such a bar, notwithstanding the doctrine of its separation from the
Church, could in fact accord preference to a religious organization.
Bill of 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.
• 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.
• 9. 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 the
national security, and public safety or public health as may
be provided by law. 2. Intervention of the court. – Note that
under the second limitation, a court order is not necessary.
The determination of the proper executive officer
(President) is subject to judicial reviews. A person whose
liberty of abode is violated may petition for a writ of
habeas corpus against another holding him in detention.
Bill of Rights
• 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.
• 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. Right to Information on
matters of Public Concern 1. Access to official records for exercise
of right. 2. Arguments in support of right. 3. Constitutionally or
validity of implementing law. Scope of the Right 1. The right
embraces all public records. 2. It is limited to citizens only but is
without prejudice to the right of aliens to have access to records of
cases where they are litigants; and 3. Its exercise is subject to such
limitations as may be provided by law. A. Limitations on the Right.
1. Public records excepted. 2. Burden on government to justify
withholding of information.
Bill of Rights
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.
• 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.
• 10. PURPOSE OF GUARANTEE 1. Undoubtedly, the purpose of the
constitutional guarantee is to encourage the formation of voluntary
associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the
government may there by receive assistance in its ever-increasing
public service activities. 2. By enabling individuals to unite in the
performance of tasks, which singly they would be unable to
accomplish, such associations relieve the government of a vast
burden.
Bill of Rights
Section 9. Private property shall
not be taken for public use
without just compensation.
• Essential or inherent powers of government 1. Totality of governmental power - It is contained in three (3) great
powers, namely: power of eminent domain, police power, and power of taxation. 2. Similarities - These powers are
similar in the following respects: a. They all rest upon necessity because there can be no effective government
without them; b. They are inherent in sovereignty; hence, they can be exercised even without being expressly
granted in the Constitution although the conditions for their exercise may be regulated and limited by the
Constitution and bylaw; 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. Meaning of Eminent Domain
- is the right or power of the State or of those to whom the power has been lawfully delegated to take private
property for public use upon paying to the owner a just compensation to be ascertained according to law.
Conditions for or limitations upon its exercise 1. Existence of public use. 2. Payment of just compensation. 3.
Observance of due process of law in the taking. Meaning of “taking” 1. Actual physical seizure not essential. 2. The
“taking” must be direct. Meaning of 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 my promote public health, public morals, public safety,
and the general welfare and convince of the people.
• 11. Basis of police power Based on two Latin maxims, salus populi suprema est lex (the welfare of the people is
the supreme law), and sic utere tuo ut alienum non laedas (so use your own as not to injure another’s property) A.
Police power laws. 1. Public health 2. Public morals 3. Public safety 4. Public welfare and convenience Meaning of
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. Theory and basis of
taxation 1. The power of taxation proceeds upon the theory that the existence of government is a necessity that it
cannot continue without means to pay its expenses, and that for these means it has a right to compel all its
citizens and property within its limits to contribute. 2. The basis of taxation is found in the reciprocal duties of
protection and support between the State and its inhabitants. Meaning of taxes - are the enforced proportional
contributions from persons and property levied by the lawmaking body of the State by virtue of its sovereignty for
the support of the government and all public needs. Distinctions among the three powers 1. As to authority which
exercises the power. 2. As to purpose. 3. As to effect. 4. As to persons affected. 5. As to benefits received.
Bill of Rights
Section 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.
• 12. Scope of terms “law” and “contract” 1. The law, the enactment of
which is prohibited, includes executive and administrative orders of the
President, administrative orders issued by heads of departments, and
ordinance enacted by local governments. 2. The contract, the obligation of
which is secured against impairment under the Constitution, includes
contracts entered into by the government. Purpose of non-impairment
prohibition The prohibition is intended to protect creditors, to assure the
fulfillment of lawful promises, and to guard the integrity of contractual
obligations. Freedom to contract not absolute The freedom of contract is
necessarily limited by the exercise of the police power of the State in the
interest of general welfare and especially in view of the explicit provisions
in the Constitution with reference to the promotion of social justice.
Bill of Rights
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.
• Constitutional rights of the accused 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 against
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 performed of the nature and cause of
the accusation against him. 10. The right to have a speedy, impartial, and public trial. 11. The rights
to meet the witnesses face to face. 12. The right to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. 13. The right against self-
incrimination. 14. The right against detention by reason of political beliefs and aspirations. 15. The
right against excessive fines. 16. The right against cruel, degrading or inhuman punishment. 17. The
right against infliction of the death penalty except for heinous crimes; and 18. The right against
double jeopardy.
• 13. Reasons for constitutional safeguards 1. A criminal case, an unequal contest. 2. Criminal
accusation, a very serious matter. 3. Protection of innocent, the underlying purpose. A. Right to free
access to the courts of quasi-judicial bodies. B. Right to adequate legal assistance.
Bill of Rights
Section 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.
• 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. 4. Against being held in secret,
incommunicado, or similar forms of solitary
detention. 1. Effect of violation of the rights. 2.
When rights can be invoked. 3. Waiver of right of
silence and to counsel.
Bill of Rights
(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.
Bill of Rights
(3) Any confession or admission
obtained in violation of this or Section 17
hereof shall be inadmissible in evidence
against him.
Bill of Rights
(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.
Bill of Rights
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.
• 14. MEANING OF 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. Purpose and form
of Bail 1. The purpose of requiring bail is to relieve the accused
from imprisonment until his conviction and yet secure his
appearance at the trials. 2. It may be in the form of cash deposit,
property bond, bond secured from a surety company, or
recognizance. MEANING OF CAPITAL OFFENSE - for purposes of the
above provision, is an offense which, under the law existing at the
time of its commissions, and at the time f the application to be
admitted to bail, may be punished with reclusion perpetua, life
imprisonment, or death.
Bill of Rights
Section 14. (1) No person shall be held to
answer for a criminal offense without
due process of law.
Bill of Rights
(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.
Bill of Rights
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.
• 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 I
custody the individual so detained. Purpose of the writ It has for its purpose to inquire into all manner of involuntary restraint or detention as
distinguished from voluntary and to relieve a person there from if such restraint i s found illegal. The writ is the proper remedy court to release y in
each and every case of detention without legal cause or authority. Its principal purpose then is to set the individual liberty. How writ operates The
writ is the order from the court requiring a person detaining another to show cause for the detention, while the privilege of the writ is the further
order from the court to release an individual if it finds his detention without legal cause or authority.
• 15. This is how the writ of habeas corpus operates to safeguard the liberty of a person. The prisoner or any person in his behalf petitions the proper
court, which immediately issues the writ. It is sent to the person having another in his custody. Such person is ordered to produce the prisoner in
court at specified time together with an explanation of the cause of detention, called the return. After the order is obeyed, the judge scrutinizes the
return and then decides whether it shows that imprisonment is authorized by law. If so, the prisoner is remanded-sent back custody. If, not he is set
free at once by the judge. Suspension of the privilege of the writ The privilege of the writ of habeas corpus (not the writ itself) may be suspended by
the president (Art. VII, Sec 18) in case only of invasion or rebellion, when public safety requires it. Consequently, the person under detention by the
government may not obtain his liberty by its use. While the person detained must still be produced in court, the official or person detaining him may
ask the court not to continue the proceeding any further as the privilege of the writ as to that particular person seeking release has been suspended.
Unlike cases where the privilege of the writ is available and in full force and effect, the judge thus may be prevented in the event of suspension from
determining whether or not the detention is authorized by law. But the Supreme Court is empowered to inquire, in an appropriate proceeding filed
by any citizen, whether or not there was factual basis to justify the suspension by the president of the privilege. The suspension of privilege of the
writ enables the State “ to hold in preventive imprisonment pending investigation and trial of persons who plot against it or commit acts that
endanger its very existence” (see Sec 13). Thus, the suspension in effect, sanctions are allows arrest and seizures without warrants issued by courts.
This topic is further discussed under Article VII (Executive Department), Sec 18. Writ of Amparo The writ of habeas corpus is not to be confused with
the writ of Amparo. Now, families of victims of extrajudicial killings and enforced disappearances (or any qualified person or entity) can invoke the
writ when the right to life, liberty, or security of a person is violated or threatened with violation by an unlawful act or omission of a public official or
employee or of a private individual or entity. This special writ prohibits respondents (those required to answer or respond to the complaint against
them) from using the defense of simple denial. They will have to produce documents or evidence to support claims that they did not violates the
right to life, liberty and security of the aggrieved party. Even before a petition for this writ is resolved, the court may issue any of the following orders
to safeguard one’s right to life, liberty and security: temporary protection order to secure the safety of the aggrieved party and any member of the
immediate family; inspection order for the purpose of inspecting, measuring, surveying or photographing property or operation thereof; production
order requiring the production of designated documents, papers, etc. and witness protection order for admission of witness to the Witness
Protection, Security and Benefit Program.
Bill of Rights
Section 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 disposition of cases (1) The above provision
upholds the time-honored tradition of speedy justice for as
stated in the old dictum - "Justice delayed is justice
denied." Its express inclusion was in response to the
common charge against the perennial delay in the
administration of justice which in the past has plagued our
judicial system. (2) The right to a speedy disposition of
cases can be invoked only after the termination of the trial
or hearing of case. (3) Under the present Constitution, the
Supreme Court, all lowers delegate courts, and all other
lower courts are required to decide or resolve cases within
a certain period of time. (4) The provision contemplates the
disposition of cases involving private interests not only
before judicial bodies, but also before quasi-judicial.
Bill of Rights
Section 17. No person shall be compelled to be
a witness against himself.
• Right against self-incrimination No person shall be compelled to be
a witness against himself. This is a protection against self-
incrimination which may expose a person to a 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. The
constitutional guarantee protects as well the right of the accused to
silence, and his silence, meaning, his failure or refusal to testify may
not be used as presumption of guilt or taken as evidence against
him. Scope of Guarantee The right against self-incrimination applies
in criminal cases as well as in civil, administrative, and legislative
proceeding where the fact asked for is a criminal one. It protects
one whether he is a party or a witness.
Bill of Rights
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.
• RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL
BELIEFS AND ASPIRATIONS 1. Incarceration without charges of
“political prisoners”. 2. Suspension of privilege of writ of habeas
corpus even after lifting of martial law.
• 17. 3. Prohibition a guarantee against having “prisoners of
conscience.” MEANING OF INVOLUNTARY SERVITUDE – A condition
of enforced, compulsory service of one to another. It includes:
Slavery Peonage EXCEPTIONS OF PROHIBITIONS 1. When the
involuntary servitude is imposed as a punishment for a crime. 2.
When personal military or civil service is required of citizens. 3. To
injunctions requiring striking laborers to return to work. 4. To
exceptional service. 5. To exercise by parents of their authority. 6.
When there is a proper exercise of the police power of the State.
Bill of Rights
Section 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither
shall the 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.
Bill of Rights
(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.
Bill of Rights
Section 20. No person shall be
imprisoned for debt or non-payment of a
poll tax.
• MEANING OF DEBT - as intended to be
covered by the constitutional guarantee,
means any liability to pay money arising out of
a contract, express or implied. MEANING OF
POLL TAXES - is a tax of a fixed amount
imposed on individuals residing within a
specified territory, whether citizens or not,
without regard to their property or the
occupation in which they may be engaged.
Bill of Rights
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 RIGHTS 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.
Bill of Rights
Section 22. No ex post facto law or bill of
attainder shall be enacted.
• MEANING OF EX POST FACTO LAW Makes an act done before the
passage of the law ,innocent when done, criminal, and punishes
such act; or Aggravates a crime or makes it greater than when it
was committed; or Changes the punishment and inflicts a greater
punishment than what a law annexed to the crime when
committed; or Alters the legal rules of evidence, and receives 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. CHARACTERISTIC OF EX POST FACTO LAW They are: Ex
post facto laws relate to penal or criminal matters only. They are
retroactive in their operation; and They are deprive persons
accused of crime of some protection or defense previously
available, to their disadvantage. MEANING OF BILL OF ATTAINDER -
is a legislative act which inflicts punishment without judicial trial.