1. Article 3
Bill of Rights
Pat Ray M. Dagapioso
MSU at Naawan
September 2013

2. What are Bill of Rights?

3. The Bill of Rights is the
declaration and enumeration
of the individual rights and
privileges and is designed to
protect violations against
individuals and a limitation
upon the power of the state.

4. There are three classifications of Human Rights.
Natural Rights
Constitutional
Rights
Statutory
Rights

5. What are Natural Rights?
Rights Possessed
Not
granted
by
Conferred
GOD
RighttoLove

6. What are Constitutional Rights?
Political Rights
Rights that give
citizens the power
to participate
directly/indirectly,
in the
establishment or
administration of
government.
Civil Rights
Rights that secure
every individual of
the enjoyment of
their means of
happiness.
Social and Economic
Rights
Rights that ensure
the well-being and
economic security of
the individual.
Rights of the
Accused
Rights intended for
the protection of a
person accused of
any crime.

7. What are Statutory Rights?
Right to
Sell
Consume
r Rights
Right
against
deceptivesales act
These are rights that are promulgated by laws through law-making
bodies, and may, be abolished by the same body.

8. 2 Kinds of Rights According to Qualilty
Positive Rights:
Right to…
Freedom to…
Negative Rights:
Right against…
Freedom against…

9. Section 1

10. No person shall be deprived of
life, liberty, or property
without due process of law
nor shall any person be
denied of the equal protection
of the laws.

11. Due Process of Law

12. 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.

13. Due Process of Law
Procedural Due Process Substantive Due Process
It refers a procedure: “which hears
before it condemns, which proceeds
upon inquiry, and renders judgment
only after trial.”
This tells us that the law itself must
be fair, reasonable and just.

14. What is the difference between the two?

15. Procedural Due Process Substantive Due Process
Elements of Procedural Due
Process :
a. Notice and hearing
b. Jurisdiction over the person
or subject matter
c. Impartial court or tribunal
d. Defendant or party is given
chance to be heard, and
e. Judgment is given only after
lawful hearing.
Substantive Due Process:
The State must not exercise
arbitrary power.

16. Equal Protection Clause

17. Each person is dealt equally in law.
But, the reality is that people and things, circumstances, are
situated differently.
Thus, this means that, everyone belonging to the same class
must be treated in the same way.
Similarly situated persons/things must be treated similarly.

18. Section 2

19. 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.

20. Searches
Seizures
Arrests
IllegalWarrant Issued by
the Judge

21. Valid Search and Arrest Warrants
1. Must be issued upon “probable cause.”
2. “Probable cause” must be determined personally by the
judge.
3. Such judge must examine under oath that complainant
and the witnesses that he may produce.
4. The warrant must particularly describe the place to be
searched and the person or thing to be seized.

22. When are the searches, seizures and arrests are invalid?

23. An evidence obtained illegally is inadmissible in any
proceeding.
Any evidence acquired illegally is excluded from being
considered by the judge, there is a great probability
that the accused may be acquitted.

24. Allowable warrantless searches.
1. A person who is validly arrested may be
searched in his person.
2. An officer who legally enters a premise
and sees an illegal object may seize it.
3. A moving vehicle, with reasonable
suspicion, may be stopped and searched for
criminal activity.
4. One who consents to be searched maybe
searched without a warrant.
5. Searches may be made without a warrant
at customs or airports prior to boarding.

25. Warrantless Arrests
1. When the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
2. When an offense has in fact been committed, and he has
personal knowledge of facts indicating that the person to be
arrested has committed it
3. When the person is an escapee from a penal
establishment.

26. Section 3

27. (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.

28. This section covers?
Letters
Messages
Emails
Telephone calls

29. Is the privacy of communication and correspondence
absolute?

30. NO!
Anti-Wiretapping Law Anti-Terrorism Law
Court-Authorized taps are allowed for the crimes of:
“treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the
high seas, rebellion, conspiracy and proposal to commit rebellion, inciting rebellion,
sedition, conspiracy to commit sedition, kidnapping.”

31. Section 4

32. 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.

33. Freedom of Expression
Why is this guaranteed in the
Constitution?
1. Essential for the search of truth.
2. Essential for democracy to work.
3. Essential for the citizens to promote
self-realization and self-determination.

34. Section 4 also guarantees for the prohibition against Prior Restraint.
What is Prior Restraint?
Prior
Restraint
The actual and official
governmental restrictions
of the press and other
forms of expression in
advance actual prohibition
or dissemination.

35. Freedom of Speech is not an absolute right.
Libel Obcenity
A public and malicious imputation
of a crime, or of a vice or a defect,
real or imaginary, or any act,
omission, condition, status or
circumstance tending to cause the
dishonor, discredit, or contempt
of a natural or juridical person, or
to blacken the memory of one
who is dead. (Revised Penal Code)
“…any work, taken as a whole,
appeals to the prurient interest…
(b) the work depicts or describes
in a patently offensive way, sexual
conduct…(c) whether the work,
taken as a whole, lacks serious
literary, artistic, political or
scientific value.” (Miller v
California)

36. Section 5

37. 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.

38. Non-Establishment Clause Free Exercise Clause
1. State may not establish or sponsor
a religion.
2. Prohibits the direct support of
institutional religion.
3. Prohibition on direct and indirect
aid if the support means preference
of one religion to the other.
1. State can’t prohibit a person from
choosing his/her religion.
2. State can’t force a person from
choosing his/her religion.

39. Section 6

40. 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.

41. Freedom of Movement
Liberty of Abode Liberty of Travel
No one is compelled to
change his/her home
except in accordance with
law.
Villavicencio v Lukban
Can be impaired, but not
arbitrarily.
Grounds: National security,
public safety, and public
health.

42. Section 7

43. 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.

44. Right to Information
Right of Access to Official
Records and Documents
Information that be withheld to the public:
1. National security matters
2. Confidential diplomatic matters
3. Trade secrets and banking transactions
4. Identity of informants in criminal
investigation

45. Section 8

46. 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.

47. Right of Association
Right to organize is a very basic human drive.
Right to strike is also guaranteed.
The Supreme Court ruled that employees of SSS and public school
teachers can’t wage a strike.

48. Section 9

49. Private property shall not be
taken for public use without
just compensation.

50. Eminent Domain
Taking Usage Compensation
The property
must be private
in nature.
The property
must be used for
public use.
Just compensation
must be given to the
owner.
Compensation must
be equal to the
property’ market
value.

51. Section 10

52. No law impairing the
obligations of contracts be
passed.

53. Impairment of Contract
“There is an impairment of contract when a law
changes the terms of legal contract between
parties either in time or mode of performance, or
imposes new conditions, r dispenses with those
expressed, or authorizes for its satisfaction
something different from that provided in its
terms.”

54. Section 11

55. Free access to the courts and
quasi-judicial bodies and
adequate legal assistance shall
not be denied to any person
by reason of poverty.

56. According toPAO’swebsite:

57. Section 12

58. (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.

59. (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.

60. (3) Any confession or admission
obtained in violation of this or
Section 17 hereof shall be
inadmissible in evidence against
him.

61. (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.

62. Miranda Doctrine
1. You have the right to remain silent when questioned.
2. Anything you say or do may be used against you in a court of law
3. You have the right to consult an attorney before speaking to the police and to
have an attorney present during questioning now or in the future.
4. If you cannot afford an attorney, one will be appointed for you before any
questioning, if you wish.
5. If you decide to answer any questions now, without an attorney present, you
will still have the right to stop answering at any time until you talk to an attorney.
6. Knowing and understanding your rights as I have explained them to you, are
you willing to answer my questions without an attorney present?

63. Rights of a Person under Investigation
1.Right to remain silent
2.Right to counsel
3.Rights to be informed of such rights
Prohibitions on, are enumerated as:
1.Secret Detention Places (safe-houses)
2. Solitary Detention
3.Incommunicado Detention Places

64. Self-Incrmination

65. Self-Incrimination
An act of accusing oneself to a crime for which a
person can then be prosecuted.
Inadmissibility of Forced Confession and Admission
Admission Confession
An act, declaration or omission of
party as to a relevant fact.
Declaration of an accused
acknowledging his guilt of the
offense charged, or of any
offense necessarily included
therein.

66. Section 13

67. 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 impaired even when the
privilege of the writ of habeas
corpus is suspended. Excessive
bail shall not be required.

68. Right to Bail
1.Right to be presumed innocent.
2.Bail: “mode short of confinement which would,
with reasonable certainty, insure the attendance of
the accused.”
3.Bail is not warranted if:
a. the offense is punishable by
reclusion perpetua and
b. evidence of guilt is strong.

69. Section 14

70. (1) No person shall be held to
answer for a criminal offense
without due process of law.

71. (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 the arraignment, trial may
proceed notwithstanding the
absence of the accused provided
that he has been duly notified and
his failure to appear is
unjustifiable.

72. Philippine Criminal Justice System
Presumption of Innocence
“…no person shall be convicted unless the
prosecution has proved him guilty beyond
reasonable doubt.”
But in Prima Facie cases…
Prima Facie (denotes evidence that that would prove a
particular proposition); then the burden of proof changes.

73. Right to Be Heard includes:
1. Right to be present at the trial
2. Right to counsel
3. Right to an impartial judge.
4. Right of confrontation
5. Right to compulsory process to secure the
attendance of witness.

74. Section 15

75. 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.

76. Writ of Habeas Corpus
A writ, a legal action, that requires a person under arrest to
be brought before a judge or a court.
An order issued by a judge to a person detaining another to
bring the detainee to court and to justify his detention.
“It is to inquire into all manner of involuntary restraint as
distinguished from voluntary, and to relieve a person
therefrom is such restraint is illegal.”

77. Section 16

78. All persons shall have the right
to a speedy disposition of
their cases before all judicial,
quasi-judicial, or
administrative bodies.

79. What if the speedy disposition of cases is violated?

80. Remedy!
The aggrieved party can ask a dismissal of a case
through mandamus.
Mandamus: is a judicial remedy — in the form of an order from a
superior court, to any government subordinate court, corporation of
public authority— to do (or forbear from doing) some specific act
which that body is obliged under law to do (or refrain from doing) —
and which is in the nature of public duty, and in certain cases one of
a statutory duty.

81. Section 17

82. No person shall be compelled
to be a witness against
himself.

83. Right Against Self-Incrimination
Self-Incrimination: the constitutional right of a person to refuse to answer
questions or otherwise give testimony against himself or herself which will
subject him or her to an incrimination.
A person may incriminate himself/herself by:
a. Testimony
b. Private books
c. Private letters

84. Section 18

85. (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.

86. Involuntary servitude exists as a
punishment as: forced labor.
NSTP, ROTC, CWTS are not grounds for
involuntary servitude, instead these are
faculties of the state that the citizens
that incurred of as duties and
responsibilities.

87. Section 19

88. (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.

89. (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.

90. Punishments must be:
Furman v Georgia:
1.Must not be severe as to degrade the dignity of
human beings.
2.Must not be applied arbitrarily.
3.Must not be unacceptable to contemporary
society.
4.Must not be excessive.

91. Section 20

92. No person should be
imprisoned for debt or non-
payment of a poll tax.

93. If a person debts and can not pay his indebtedness, can
he be imprisoned, as payment, for it?
NO!
But if a person has committed a crime relating to non-
payment of debts, through bad faith or malice, i.e., Estafa,
yes, he can be imprisoned.

94. Bad Faith
Latin: Malafides
Means double mindedness or double heartedness in
duplicity, fraud, or deception.
Can be expressed through faith, belief, attitude, and
loyalty.

95. Section 21

96. No person shall be twice put
in jeopardy of punishment of
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.

97. Double Jeopardy
“…To be prosecuted more than once
for the same offense..”

98. Double jeopardy ends:
1.Once the accused is acquitted or
convicted.
2.Dismissal of the charges.

99. Section 22

100. No ex-post facto law or bill or
attainder shall be enacted.

101. Ex-Post Facto Law
A. Which makes a criminal an action done before passing a
law, which was innocent when done and punishes such action
B. Which aggravates the crime
C. Which changes the punishment and inflicts greater
punishment.
D. Which alters the legal rules of evidence.

102. Bill of Attainder
A legislative act which inflicts punishment without
judicial trial.
Example:
Law that makes all Filipinos who served under the
Japanese government may not hold public offices.

103. Film Showing:
Hotel Rwanda

104. Thank you!