TRM 14

1.  Article-III, Section-II
o “ 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, particularly describing the place to be searched and the persons or
things to be seized. ”
 Article-III, Section-II
• The purpose of Section-II is to protect the privacy and the sanctity of the person and of
his house and other possessions (papers, documents, effects, etc.) found therein against
arbitrary intrusions by agents of the state.
•
• Search Warrant – is an order in writing, issued in the name of the people of the
Republic 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.
• A Valid Search Warrant and warrant of Arrest must have Probable Cause .
• Probable Cause – means there are facts and circumstances attending the issuance of
warrant sufficient to induce a prudent and cautious judge to rely on them.
• The Probable Cause must be determined personally by the judge.
• The Warrant must particularly describe the place to be searched, or the person or things
to be seized.
•
• Search and Seizures can be made without Warrant in the following instances:
o When there is consent or waiver – that is if a Peace Officer has been granted
consent to enter the premises of another for the purpose of search and seizure;
o Where search is an incident to a lawful arrest – say, a pickpocket caught in
flagrante delicto, can be searched for his loot;
o When an officer making the search has reasonable cause to conduct it in a vehicle
believed to be containing contraband or forfeited goods – because the vehicle can
get away before a warrant is secured.
o When the possession of articles prohibited by law is disclosed to plain view (plain
view rule)

2.  Article-III, Section-II
• Note :
o Inspection conducted by Health and Sanitary inspectors in restaurants in the
exercise of “state police power” in view of enforcing laws on public health or by
labor inspectors of companies acting on a complaints of its workers for possible
violation of labor laws and the Bureau of Internal Revenue examiner of financial
records of companies, need not have warrant. The same is true of routinary
searches made at the border or ports of entry in the interest of national security
o A private individual can arrest a criminal even without a warrant, this is called
“CITIZEN ARREST” .
Warrantless Arrest is allowed under the following circumstances:
o In Flagrante Delicto (Caught in the Act);
o Hot Pursuit Operation;
o Arrest of Fugitive.
Warrantless Arrest
• In Flagrante Delicto (Caught in the Act)
o Person to be arrested has committed, is actually committing, is attempting to
commit an offense;
o Such commission is in the presence of the arresting individual;
o Arresting individual has personal knowledge of such commission.
 Warrantless Arrest
Note : ( Commission of a Crime )
o One person can arrest a person, who has stabbed and killed another in his
presence since the person to be arrested “has committed” the crime of homicide.
o One can arrest a person, who with intent to kill, is stabbing another in his
presence since the person to be arrested “is actually committing” the crime of
homicide.
o One can arrest a person, who with intent to kill is about to stab another in his
presence since the person to be arrested is “attempting to commit” the crime of
homicide.

3. • Hot Pursuit – Hot Pursuit Arrest takes effect when a crime has just in fact been
committed and the arresting officer or private individual has probable cause to believe
based on personal facts or circumstances that the person to be arrested has committed it.
Warrantless Arrest
 Arrest of Fugitive – When a person to be arrested is a prisoner who 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.
• Note :
o Evidences obtained in violation of the right against unreasonable search are not
admissible in evidence for being a “fruit of a poisonous tree” .
o The “ fruit of the poisonous tree” ; doctrine is an offspring of the Exclusionary
Rule . The exclusionary rule mandates that evidence obtained from an illegal
arrest, unreasonable search, or coercive interrogation must be excluded from trial.
Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial
if it was gained through evidence uncovered in an illegal arrest, unreasonable
search, or coercive interrogation.
• Note :
o The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is
evidence seized in an illegal arrest, search, or interrogation by law enforcement.
The fruit of this poisonous tree is evidence later discovered because of knowledge
gained from the first illegal search, arrest, or interrogation. The poisonous tree
and the fruit are both excluded from a criminal trial.
o Fruit of the Poisonous Tree doctrine can only be invoked by individuals against
an officer nor agent of the state.
 17. Purpose of the Fruit of the Poisonous Tree Doctrine:
o To deter law enforcement from violating peoples’ rights against unreasonable
searches and seizures conducted by government officers nor agents of the state.
 Other Related Legal Terms:
o Admissible Evidence - Evidence permitted to be introduced at trial. Only relevant
evidence is admissible, which means the evidence must tend to make more or less
probable the existence of some fact material to the case, or some fact otherwise of
consequence to making a determination in the case. Evidence which tends to
establish facts from which one could then infer that some material fact is more or
less probable is also admissible as relevant evidence.

4. o Excluded Evidence - Evidence which may be otherwise relevant and admissible
but which is not admitted and may not be considered in the decision-making
process for some reason other than irrelevance.
o Good Faith - A reasonable, honest belief lacking malice or ill-intent and without
intention to defraud. The concept of good faith appears in many areas of law,
although it is intangible and determined based on the totality of the circumstances
rather than some hard and fast rule.
 2. Article-III, Section-6 (The Liberty of Abode & the Right to Travel)
o “ 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. The right to travel
shall not impaired except in the interest of national security , public safety , or
public health , as may be provided by law ”
• Filipino Translation:
 Article-III, Section-6
o “ Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng tirahan
sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa legal na utos ng
hukuman. Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban kun para
sa kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang
pambayan ayon sa maaaring itadhana ng batas.”
o
 5. Article-III, Section-7 (Right to Information)
“ 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 to the citizens, subject to such limitations as may be provided by law.”
• Filipino Translation:
“ Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa mga bagay-bagay na
may kinalaman sa tanan. Ang kaalaman sa mga opisyal na rekord, at sa mga dokumento at
papeles tungkol sa mga opisyal na gawain, transaksyon, o pasya, gayon din sa mga datos sa
pananaliksik ng pamahalaan na pinagbabatayan ng patakaran sa pagpapaunlad ay dapat ibigay sa
mamamayan sa ilalim ng mga katakdaang maaaring itadhana ng batas”.
 7. Freedom of the Press and freedom of access to information bearing on governmental
decision are fundamental elements of Popular Sovereignty ”.
• People have access to public records such as records of a case in court subject to
reasonable rules and regulations, except when it is very clear that the purpose of
examination of public record is unlawful, sheer or idle curiosity. It is not the duty of the

5. custodians of the records to concern themselves with the motives, reasons, and objects of
the person seeking access to such documents or information.
 Article-III, Section-8 (The Right to Form Union)
“ 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.”
 Article-III, Section-8 (The Right to Form Union)
• Filipino Translation:
•
“ Hindi dapat hadlangan ang karapatan ng mga taong-bayan kabilang ang mga naglilingkod sa
publiko at pribadong sektor na magtatag ng mga asosasyon, mga unyon, o mga kapisanan sa mga
layuning hindi lalabag sa batas.”
 Article-III, Section-8 (The Right to Form Union)
“ Unionism is a necessity to place employees or labor sectors to the bargaining levels same as
that of their employers in relation to negotiations of terms and conditions of employment.
However, while employees in the public sector may form a union, they are not entitled to stage
strike to press their demands to improve the terms and conditions of their employment.”
 Under the constitution, no money from the National Treasury shall be spent except in
accordance with appropriation by law. Improving the economic conditions of employees in the
public sector requires spending of public money. Change in the terms of government employees
can only be realized through law.”
• If a public and private company has required every employee to sign an agreement as part
of his employment contract – that he will not join any labor unions, societies or
associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine
Constitution?
• Answer: Yes. It is a form of unfair labor practice.
 If public employees are prohibited to go on strike, the essence of forming unions in
government entities show lack of logic. It is also a clear suppression to their right for redress of
grievances. Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine Constitution.
 Article-III, Section-9 (The Right to Just Compensation)
“ Private property shall not be taken for public use without just compensation .”
• Filipino Translation:
“ Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit pambayan nang walang
wastong kabayaran.”

6. Article-III, Section-9 (The Right to Just Compensation
• This is in connection with the inherent rights of the state, specifically, the Right of
Eminent Domain . Just compensation - the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market-value at the
time of the taking.
•
 Article-III, Section-10 (Non-Impairment Clause)
“ No law impairing the obligation of contracts shall be passed.”
• Filipino Translation:
“ Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.”
 Article-III, Section-10 (Non-Impairment Clause)
Discusses the “sanctity” of contracts and obligations;
• Laws affecting contracts cannot be applied retroactively;
• all contracts illegal in nature are non-binding.
 Article-III, Section-10 (Non-Impairment Clause
• A contract is a meeting of minds between parties with respect to rendition of service or
performance of obligation to give something, Government is prohibited from interfering
with agreement of parties since it is considered as a law between the contracting parties.

7. Article-III, Section-9 (The Right to Just Compensation
• This is in connection with the inherent rights of the state, specifically, the Right of
Eminent Domain . Just compensation - the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market-value at the
time of the taking.
•
 Article-III, Section-10 (Non-Impairment Clause)
“ No law impairing the obligation of contracts shall be passed.”
• Filipino Translation:
“ Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.”
 Article-III, Section-10 (Non-Impairment Clause)
Discusses the “sanctity” of contracts and obligations;
• Laws affecting contracts cannot be applied retroactively;
• all contracts illegal in nature are non-binding.
 Article-III, Section-10 (Non-Impairment Clause
• A contract is a meeting of minds between parties with respect to rendition of service or
performance of obligation to give something, Government is prohibited from interfering
with agreement of parties since it is considered as a law between the contracting parties.