CONSTITUTION OF LIBERTY.pptx

CONSTITUTION
OF LIBERTY
Article III
BILL OF RIGHTS

CONSTITUTION OF LIBERTY
•It is a series of prescriptions
setting forth the fundamental
civil and political rights of the
citizens and imposing certain
limitations on the power of
the government as a means
of securing the employment
of those rights.

What is Bill of Rights?
•The Bill of Rights - may be
defined as a declaration and
enumeration of the individual
rights and privileges, which
the constitution is designed to
protect against violations by
the individual and a limitation
upon the power of the state.

Classification of Rights
1.Natural Rights. They are rights
possessed by every citizen
without being granted by the
State for they are conferred upon
by God to human being so that
he may live a happy life.
Ex. The right to live and the right
to love.

Classification of Rights
2. Constitutional Rights. They
are 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.

Classification of
Constitutional Rights
a. 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 and suffrage

b. Civil Rights. They are those
rights which the law will
enforce at the instance of
private individuals for the
purpose of securing them the
enjoyment of their means of
happiness.

C. Social and Economic Rights.
These are rights which intended
to ensure the well-being and
economic security of the
individual.
d. Rights of the Accused. They
are rights intended for the
protection of a person accused
of any crime.

3. Statutory Rights. These
are rights provided by
laws promulgated by the
law-making body and
consequently, may be
abolished by the same
body. Example of this is
the right to inherit
property.

•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
law.

What is 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 has both
a procedural and a
substantive aspect.

What is Procedural Due Process
•Procedural due process refers
to the method or manner by
which the law is enforced. It
requires a procedure "which
hears before it condemns,
which proceeds upon inquiry,
and renders judgment only
after trial."

What is Substantive Due
Process?
Substantive due process -
requires that the law itself must
be fair, reasonable, and just. No
person shall be deprived of his
life, liberty, or property, on the
whim or caprice of an official or
on flimsy grounds.

What is the Right to Life?
•It means something more than
mere existence. The prohibition
against its deprivation without
due process extends to a person's
bodily organs and capacities with
which life is enjoyed. The right to
life includes the right to live a
decent life worthy of human
dignity.

What is the Meaning of
Liberty?
•It denotes not merely freedom
from physical restraint. It also
embraces the right of the
individual to use his faculties,
capacities, both physical and
mental, with which he has
been endowed by his Creator,

What is the Meaning of Liberty?
as his judgments may dictate,
subject only to the limitation
that he does not violate the law
or the rights of others. Liberty
also includes freedom of
movement and of travel as well
as to contract or to pursue a
lawful occupation.

What does the Right to
Property Include?
•It includes the right to own, use
and enjoy, dispose, possess
and even to destroy the
property, subject, however, to
the right of the State and other
persons, not to be injured by
the exercises of this right.

What Constitutes Deprivation?
1. Deprivation of life - includes
the loss of any of the various
physical and mental attributes
(e.g., limbs, organs, the sense,
power of reproduction, mental
faculties, among others.) which
man must possess to live as a
human being.

2. Deprivation of liberty - means
the prevention, denial, or
suppression of human freedom.
3. Deprivation of property -
means the taking of property or
the diminution of any right to
property or the prevention of
the exercise of right to
property.

What is Equal Protection of
the Law?
•Equal protection - of the law
signifies that "all persons subject
to legislation, similarly situated,
should be treated alike under like
circumstances and conditions,
both in privileges conferred and
liabilities 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 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 thing to be seized.

What is the Right Against
Unreasonable Searches
and Seizures?
•Generally, a search and
seizure or arrest made
without a warrant issued by
the judge, is unreasonable.

When can a Judge Issue a
Warrant of Search and Seizure
or a Warrant of Arrest?
•The essential requisites for
the issuance of a valid
warrant (search or arrest) are
that:
1. It must be issued upon
"probable cause"

2. The "probable cause" must
be determined personally by
the judge;
3. Such judge must examine
under oath or affirmation the
complainant and the

witnesses that he may
produce; and
4. The warrant must
particularly describe the place
to be searched and the person
or thing to be seized.

What is the Consequence
of an Invalid Search or
Seizure or Arrest?
•Any evidence obtained in
such search or seizure or
arrest is inadmissible for any
purpose in any proceeding. If
the illegally obtained
evidence is excluded from

What is the Consequence
of an Invalid Search or
Seizure or Arrest?
being considered by the judge,
the likelihood is that the
accused may be acquitted.

Is Every Warrantless
Search an Illegal Search?
•No. The following are
exceptions:
1. Search made incidental to a
valid arrest;
2. Search of vehicle;
3. Seizure of goods concealed

Is Every Warrantless
Search an Illegal Search?
to avoid payment of customs
duties or taxes;
4. Seizure of evidence in plain
view; and
5. When there is waiver of the
right.

When Is An Arrest Without
Warrant Lawful?
•A peace officer or a private
citizen may, without a
warrant, arrest a person:
1. In flagrante delicto - When,
in his presence, the person to
be arrested has committed, is
actually committing, or is

Warrant Lawful?
attempting to commit an
offense.
2. Hot pursuit - When an
offense has in fact been
committed and he has
personal knowledge of facts
indicating that the person to

Warrant Lawful?
be arrested has committed it.
3. Prisoners’ arrest - 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

Warrant Lawful?
confined while his case is
pending or has escaped while
being transferred from one
confinement to another.

When is a Search and
Seizure Without Warrant
Lawful?
•In the following instance,
search and seizure may be
made without warrant:
1.Where there is consent or
waiver.

Lawful?
2. Where search is an incident
to lawful arrest, provided that
the search is made
contemporaneous to the
arrest and within the
permissible area of search.

Lawful?
3. In the case of contraband or
forfeited goods being
transported by ship or
automobile or other vehicle,
where the officer making it

Lawful?
has reasonable cause for
believing that the latter
contains them, in view of the
difficulty attendant to
securing a search warrant.

Lawful?
4. As an incident of
inspection, supervision and
regulation in the exercise of
police power, such as,
inspections of restaurants by
health officers, factories by

Lawful?
labor inspectors. The same
thing may be said of
inspection of books of
accounts by revenue
examiners.

Lawful?
5. Where, without search, the
possession of articles
prohibited by the law is
disclosed in plain view or is
open to eye and hand.

•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.

What is the Meaning of the
Right to Privacy of
Communication?
•Right of privacy - is defined
as the right to be left alone. It
has also been defined as the
right of a person to be free
from unwarranted publicity;
and as the right to live

What is the Meaning of the
Right to Privacy of
Communication?
without unwarranted
interference by the public in
matters with which the public
is not necessarily concerned.

How is Evidence Illegally
Obtained?
•The law is explicit that any
evidence obtained in violation
of the right of individual
against unreasonable search
and seizure and the right to
privacy of communication and
correspondence is

How is Evidence Illegally
Obtained?
inadmissible for any purpose
in any proceeding. The reason
for the law is that the
exclusion of the illegally
obtained evidence is the only
practical way of enforcing
constitutional guarantees.

•Since the evidence obtained
illegally is not admissible, the
owner has the right that
articles seized be returned,
unless they are in them
selves prescribed by the law
such as unlicensed firearms,
pick locks, prohibited drugs,
among others.

•Section 4. No law shall be
passed abridging the freedom
of speech, of expression, or
of the press, or the right of
the people peaceable to
assemble and petition the
government for redress of
grievances.

What is Freedom of Speech of
Expression and of the Press?
•The constitutional freedom of
speech and of the press,
otherwise known as the
freedom of expression, is the
right to freely form ideas and
opinions, utter, publish or
otherwise communicate and

transmit whatever one pleases
without previous restraint and
without being subsequently
punished for it as long as the
expression does not violate
the law, or injure someone's
character,

reputation, or business. It also
includes the right to circulate
or disseminate what is
published or produced.

What is the Scope of the
terms "Speech,"
"Expression," and "Press"?
•"Speech" or "expression“ -
means any form of written or
oral communication, including
symbolic language, or any
action intended to convey or
communicate to others.

terms "Speech,"
•"Press“ - covers every kind of
publication - newspapers,
periodicals, magazines,
books, handbills, leaflets, and
the like. Radio, television, and

terms "Speech,"
electronic means of
transmission and
communication as instruments
mass communication are
included within this term.

What are the Kinds of
Speech that are
Unprotected?
•Some kinds of speech are not
protected under law and
therefore may be subject to
prior restraint or subsequent
punishment. These are:
1. Defamation, libel and slander,

What are the Kinds of Speech
that are Unprotected?
2. Obscenity;
3. Matters affecting the military
or national security;
4. Obstruction of justice;
5. Fraudulent misrepresentation;
6. Fighting words.

What are the Right of
Assembly and Right of
Petition?
1. The right of assembly is the
right on the part of the
citizens to meet peaceably for
consultation in respect to
public affairs.

What are the Right of
Assembly and Right of
Petition?
2. The right of petition is the right
of any person or group of persons
to apply, without fear of penalty,
to the appropriate branch or
office of the government for
redress of grievances.

What is the Importance of
the Freedom?
1. Promotes growth of the
individual and of the nation
2. Makes possible scrutiny of
acts and conducts of public
officers
3.Ensures a responsive and
popular government

•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.

What is the meaning of
Religion?
•Religion - may be defined as
"any specific system of belief,
worship, conduct, etc. often
involving a code of ethics and
a philosophy." It includes all
forms of belief in the
existence of superior beings

Religion?
exercising power over human
beings and imposing rules of
conduct with future state of
rewards or punishments.

Religious Freedom?
•It is the right of 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.

What are the Aspects of
Religious Freedom?
•Freedom of religion has
two aspects, namely:
1. Separation of Church and
State - which means that the
State neither shall not favor
any, some, or religion nor be
against any religion.

Religious Freedom?
2. Freedom to worship and to
profess religious belief.
•The freedom of Religious
Profession and worship has
two aspects namely:
a. Freedom to Believe -
Absolute

Religious Freedom?
•The individual is free to
believe or disbelieve as he
pleases concerning the
Hereafter.
b. Freedom to Act on One's
Belief - Subject to regulation

Religious Freedom?
•But where the individual
externalizes his belief in acts
or omissions that affect the
public, his freedom to do so
becomes subject to the
authority of the State.

the Separation of Church
and State?
1. No State Religion
2. No religious test in the
exercise of civil or political
rights

•Section 6. The liberty of abode
and of changing the same with
the limits prescribed by the 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.

What is Liberty of Abode
and the Right to Travel?
•Liberty of abode includes the
right to choose one's
residence, to leave it
whenever one pleases, within
the limits prescribed by law,
to travel where one wills, and

What is Liberty of Abode
and the Right to Travel?
to return to his place of
residence, except in the
interest of national security,
public safety, and health.

What are the Limitations of
the Right to Abode and
Travel?
•The phrase "except upon
lawful order of the court" and
"except in the interest of
national security, public
safety, or public health"
means, in other words,

What are the Limitations of
the Right to Abode and
Travel?
subject to the dominant police
power of State, thus, a person
facing criminal charges may
be restrained by the court
from leaving the country or, if
abroad, compelled to return.

people to information on
matters of public concern
shall be recognized. Access
to official records, and to
documents, and to papers
pertaining to official acts,
trans- actions, or decisions,
as well as to government

research data used as basis
for policy development, shall
be afforded the citizens,
subjects to such limitations as
may be provided by law.

Right to Information?
1. The right to information
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.

Right to Information?
3. Its exercise is subject to
such limitations as may be
provided by law, e.g., as to
time, place, and manner of
access to information.

What are the Limitations on
the Right to Information?
•It is recognized that the
records involving the security
of the State or which are
confidential in character
should be exempted.
Presently, certain public
records are declared

What are the Limitations on
the Right to Information?
confidential either by the law or
by administrative regulations.
Examples of these are Income
Tax Returns under the Central
Bank Act; accounts pertaining to
military intelligence funds;
certain army records; and
disbursement proceedings.

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.

What is the Right of
Association?
•It is the right to form, join, or
not join societies or
organizations for social,
scientific, cultural, political,
religious or other lawful
purposes.

Limitations on the Right
•The phrase "for purposes not
contrary to law" is an express
limitation on the right. While
the law grants the exercise of
a person to form association,
societies or union, the same
right may be interfered with
by the State in the exercise of

Limitations on the Right
its police power when the
association is form purposely
to create violence, overthrow
the government, or create
disturbance in the community.

Employees in the Civil
Service may not strike
•Employees in the civil service
may not engage in strike, walkout
and temporary work stoppages
like workers in the private sector.
Employment in the government is
governed by the law. Government
workers cannot use to ensure

Employees in the Civil
Service may not strike
same weapons employed by
workers in the private sector to
ensure concessions from their
employees. The term and Condition
of employment are affected through
statutes and administrative rules
and regulations, not through
collective bargaining agreement.

•Section 9. Private property
shall not be taken for public
use without just
compensation.

•Three Inherent Powers of
the State
1. Power of Eminent Domain
2. Police Power
3. Power of Taxation

Concept of the Power of
Eminent Domain
•It is the right of the State, as a
sovereign, to take or expropriate
property for public use upon
payment of just compensation.
It is based on political
necessity; it is inseparable from
the State unless it is denied to it
by its fundamental law.

Who may Exercise?
•The power of eminent domain
is lodged primarily in the
national legislature but its
exercise may be validly
delegated to other
governmental entities and, in
fact, even to private
corporations, like the

Who may Exercise?
so-called quasi-public
corporations, serving essential
public needs or operating public
utilities. Under existing laws,
the following may exercise the
power of expropriation:
1. The Congress
2. The President

Who may Exercise?
3. The various local legislative
bodies
4. Certain public corporations
like the Land Registration
Authority and the MWSS
5. Quasi-public corporations like
the PNR, the PLDT and
the MERALCO

Conditions for or Limitations
upon its Exercise
1. Public use - as traditionally
understood means any use
directly available to the
general public as a matter of
right and not merely of
forbearance or
accommodation.

upon its Exercise
2. Just compensation - is
described as a full and fair
equivalent of the property
taken from the private owner
by the expropriator.

upon its Exercise
3. Observance of due process.
Procedural due process
always requires that the
owner shall have due notice
and hearing in the
expropriation proceedings.

•Section 10. No law
impairing the obligation
of contract be passed.

Obligation of Contract and
When is it Impaired by Law?
•The obligation of contract - is
the duty that binds the
parties to a contract, to
perform their understanding
according to its terms or
intent, if it (the agreement) is

Obligation of Contract and
When is it Impaired by Law?
not contrary to law, morals,
good customs, and public policy.
It is impaired - if its terms and
conditions are changed by law
so that the rights of a party are
substantially altered.

Meaning of Contract
•A contract - is a meeting of
minds between two persons
whereby one binds himself,
with respect to the others, to
give something or to render
some service.
•The term "contract" as used

Meaning of Contract
in this provision refers to any
lawful agreement on property or
property rights, whether real or
personal, tangible or intangible.
It includes franchise or charters
granted to private persons or
entities, like an authorization to
operate public utility.

Meaning of Obligation
•An obligation - is the juridical
necessity to give, to do or not
to do. The obligation of the
contract is the vinculura juris,
i.e., the tie that binds the
parties to each other. "The
obligation of a contract is the

Meaning of Obligation
law or duty which binds the
parties to perform their under-
taking or agreement
according to its terms and
intent."

Law
•As used in the impairment
clause, "law" includes
statutes enacted by the
national legislature,
executive orders and
administrative regulation
promulgated under a valid
delegation of power, and a

Law
municipal ordinance passed
by the local legislative bodies.
The contract shall not be
impaired if the law is made to
operate prospectively only, to
cover contracts entered into
after its enactment. But when
the law is made retroactive so

Law
as to affect existing contracts
concluded before its
enactment, then there is
impairment of contract.

Impairment
•Impairment - is anything that
diminishes the efficacy of the
contract or when the terms and
conditions are changed/altered by
law or by party without the
consent of the other party
thereby weakening the position or
rights of the latter.

Impairment
Example is when conditions are
being imposed although not
expressly stipulated in the
contract. Or a law increasing or
decreasing the rate of interest
for the loan of money. Said law
certainly impairs the
obligations in a contract.

Limitations
•The right guaranteed under this
section is however not absolute
because a contract valid at the
time of its execution may be
legally modified or even
completely invalidated by a
subsequent law. If the law is a
proper

Limitations
exercise of police power, it will
prevail over the contract. In one
case the Court ruled that a
franchise granted by the
government in exchange for
valuable consideration, for the
operation of a lottery by private
corporation, was in

Limitations
effect revoked when the
legislature subsequently
imposed a prohibition on all
kinds of gambling within the
state. The measure was
sustained although the term of
franchise had not yet expired.

•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.

•The New Constitution has
expanded the right so that in
addition to giving free access
to courts, it now guarantees
free access also to "quasi-
judicial bodies" and
"adequate legal assistance"
as well.

Right to Free Access to the
Courts and Quasi-judicial
Bodies
•The guarantees of due
process and equal protection
of the laws assure all persons
like access to the courts as
well as quasi- judicial bodies
of the country for the

Bodies
protection of their persons
and property, the prevention
and redress of wrongs, and
the enforcement of contracts.
But such guarantees are futile
if persons are prevented from

Bodies
going to court on account of
their property. Within this
category maybe mentioned
the low paid employees,
domestic servants and
laborers who, to collect their

Bodies
small salaries and wages,
might have to go to court and
yet are without means to pat
filling or sheriff's fees and
attorney's fees.

Right to Adequate Legal
Assistance
•It may not be sufficient to just
grant the rights of a pauper,
like exemption from payment
of court fees, to poor
litigants. The State has also
the constitutional duty to
provide free and adequate

Right to Adequate Legal
Assistance
legal assistance to citizens
when by reason of indigence
they are unable to engage the
services of a lawyer to defend
them or to enforce their rights
in civil, criminal, or
administrative cases.

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
force, violence, threat,
intimidation or any other
means which vitiates the free
will;
4. The right against being held
in secret detention places, in-

communicado 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 inform of the
nature and cause of the
accusation against him;
10. The right to have speedy,
impartial, and public trial;

11. The right to meet the
witness face to face;
12. The right to have
compulsory process to secure
the attendance of the witness
and the production of
evidence in his behalf;

13. The right against self
incrimination;
14. The right against detention
by reason of political belief
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.

•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 can-
not 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
freewill 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
as evidence against him.

•(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."

What does Custodial
Investigation mean?
•Custodial investigation means
any questioning initiated by
law enforcement officers
after a person has been taken
into custody or otherwise
deprived of his freedom of
action in any significant way.

What are the Rights of a
Person under Investigation for
the Commission of a Crime?
•They are:
(1) the right to remain silent;
(2) the right to competent and
independent counsel
preferably of one's choice; and

What are the Rights of a
Person under Investigation for
the Commission of a Crime?
(3) the right to be informed of
such rights against torture,
force, violence, threat,
intimidation or any other
means which vitiate the free
will.

What is the Legal Effect of a
Violation of the Rights of a
Person Under Custodial
Investigation?
•Any confession or admission
obtained in violation of his
right against self-
incrimination is inadmissible
as evidence against him.

When can These Rights be
Invoked?
•These rights are available the
moment an arrest, with or
without the warrant, is made.
The authorities must ensure
that the accused is appraised
of his 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.

What is the Right to Bail?
•The right to bail is the right
given to a person accused of
a crime to be free from
detention upon the posting of
cash or surety bond or upon
recognizance of another.

Meaning of Bail?
•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 condition
specified.

What are the Purposes and
Forms of Bail?
1. To relieve an accused from
imprisonment until his
conviction and yet secure his
appearance at the trial. The
right to bail is granted because
in all criminal prosecutions, the
accused is presumed innocent.

What are the Purposes and
Forms of Bail?
2.It may be in the form of cash
deposit, property bond, bond
secured from a surety
company, or cognizance.

What are the Factors in
Determining the Amount of
Bail?
•In determining the amount of
bail, the court should
consider the following:
1. The nature of the offense
2. The penalty which attached
to it

Bail?
3. The probabilities of guilt
4. The financial condition of
the accused
5. The health condition of the
accused

Bail?
The constitution ordains that
excessive bail shall not be
required. What amount is a
reasonable bail rests mainly
upon the discretion of the
judge.

When is There No
Constitutional Right to Bail?
(1) the accused is charged
with an offense punishable by
reclusion perpetua or death;
(2) the evidence against the
accused is strong.
Furthermore, after conviction
for any offense, bail is

When is There No
Constitutional Right to Bail?
discretionary while the case is
on appeal and
(3) not yet in custody of the
law.

Section 14. (1) No person shall
be held to answer for a
criminal offense without due
process of law.
(2) In all criminal prosecution,
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.

What are the Rights of the
Accused On Trial in a
Criminal Case?
1. To due process of law;
2. To be presumed innocent;
3. To be heard by himself or by
counsel;
4. To be informed of the
nature and causes of the

Criminal Case?
accusation against him;
5. To have a speedy, impartial,
and public trial;
6. To meet the witnesses face-
to-face; and

Criminal Case?
7. To obtain compulsory
process in order to secure the
attendance of witnesses and
to production of evidence on
his behalf.

What is the Requirement of
Due Process in Criminal
Cases?
•The requirement that no
person shall be held to
answer for a criminal offense
without "due process of law"
simply means that the
procedure established by law

Cases?
be followed, if that procedure
fully protects the life, liberty,
and property of the citizens.
This happens if the accused is
informed as to why he is
proceeded against, his

Cases?
conviction being made to rest
on evidence after giving him
opportunity to defend himself
and the sentence imposed is
in accordance with law. The
court that rendered the

What does Presumption of
Innocence Mean?
•It means that the accused is
considered or deemed innocent
until the contrary is proved. The
prosecution must establish the
defendant's guilt beyond
reasonable doubt; otherwise he
should be acquitted. Accusation
is not synonymous with guilt.

What are the Elements of the
General Right to be Heard?
1. The right to be present at the trial;
2. The right to counsel;
3. The right to an impartial judge;
4. The right to confront witnesses;
and
5. The right to compulsory process to
secure the attendance of witnesses.

What Duty is Imposed on the
Judge by the Guarantee of the
Right to Counsel?
•If the defendant appears
without counsel; he must be
informed by the court that he
has a right to have counsel
before the charges are read
to him, and must be asked if
he desires the aid of counsel.

Right to Counsel?
If he so desires, and is unable
to employ counsel, the court
must assign counsel to defend
him. The failure of the court to
assign counsel or after
counsel has been assigned, to

Right to Counsel?
require him to perform his
duty by appearing and
defending the accused, would
result in acquittal of the
accused.

"Speedy Trial"?
•A speedy trial - is a trial
conducted in accordance
with the rules of law and
consistent with due process
of law. However, the concept
of a speedy trial is
necessarily relative.

What is a "Public" Trial?
•It is public when attendance
is open to all, irrespective of
relationship to the defendant.
However, when the evidence
to be presented may be
characterized as "offensive to

What is a "Public" Trial?
decency or public morals," the
proceeding may be limited to
friends, relatives, and counsel.

What is Trial in Absentia
and Its Requisites?
•Trial in absentia simply
means that the trial of a case
can proceed even in the
absence of the accused.
•The following requisites are:
1. The accused has already
been arraigned;

What is Trial in Absentia
and Its Requisites?
2. He has been duly notified of
the trial; and
3. His failure to appear is
unjustified.

CONSTITUTION OF LIBERTY.pptx

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