Article III. Bill of Rights 2.

Incidental to Lawful Arrest

3. Plain View Doctrine – the possession of articles prohibited by
Concept of Bill of Rights law is disclosed to plain view or is open to eye and hand
 Bill of Rights – declaration and enumeration of person’s rights 4. Stop and Frist (Terry Search) – for reasonable suspicion
and privileges which the Constitution is designed to protect 5. Moving Vehicle Doctrine (Carrol Doctrine) – in the case of
against violations by the government, or by individual or groups contraband or forfeited goods being transported by ship
of individuals. Rights may be classified into the following: automobile, or other vehicle, where the officer making it has
o Natural Rights – rights possessed by every citizen without reasonable cause for believing that the latter contains them
being granted by the state for they are given to man by God 6. Checkpoints – routinary searches upon entering land areas
o Constitutional Rights – rights which are conferred and 7. Airport/Seaport Searches – routinary searches made at ports
protected by the Constitution. This may be classified into: of entry in the interest of national security
 Political Rights – rights of the citizens which give them the 8. Private Searches – done by a private person of private entity
power to participate, directly or indirectly, in the  Warrantless Arrest
establishment or administration of the government 1. In Flagrante Delicto – when, in his presence, the person to be
 Civil Rights – rights which the law will enforce the instance arrested has committed, is actually committing, or is attempting
of private individuals for securing to them the enjoyment of to commit an offense;
their means of happiness 2. Hot Pursuit – when an offense has in fact just been committed
 Social and Economic Rights – rights that insures the well- and he has personal knowledge of facts indicating that the
being and economic security of the individuals. person to be arrested has committed it;
 Rights of the Accused – rights intended for the protection 3. Escape – when the person to be arrested is a prisoner who
of a person accused of any crime has escaped from a penal establishment or place
o Statutory Rights – rights which are provided by laws
promulgated by the law-making body, and consequently, may Sec 3. (1) The privacy of communication and correspondence
be abolished by the same body shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise as prescribed
Sec 1. No person shall be deprived of life, liberty, or property by law. (2) Any evidence obtained in violation of this or the
without due process of law, nor shall any person be denied the preceding section shall be inadmissible for any purpose in any
equal protection of the laws. proceeding.
 Due Process of Law – done under the authority of a law that is  Right of Privacy – defined as the right to be left alone; the right of
valid or of the Constitution itself, and after compliance with fair a person to be free from unwarranted publicity; the right to live
and reasonable methods of procedure prescribed by law without unwarranted interference by the public in matters with
o Procedural Due Process – a procedure which hears before it which the public is not necessarily concerned
condemns, which proceeds upon inquiry, and renders  It is violative of the guarantee given by the privacy provision to
judgment only after trial admit evidence to obtained by tapping of the telephone wires, or
 Detention Imprisonment – occurs to a person when he or through the use of a detectaphone as prescribed in RA 4200.
she is in jail during a process of trial
o Substantive Due Process – the law itself, not merely the Sec 4. No law shall be passed abridging the freedom of
procedures by which law would be enforced, is fair, speech, of expression, or of the press, or the right of the
reasonable, and just. people peaceably to assemble & petition the government for
 Equal Protection of Laws – all persons subject to legislation redress of grievances.
should be treated alike, under like circumstances and conditions  Freedom of Expression – implies the right to freely utter and
both in privileges conferred and liabilities imposed publish whatever one pleases without previous restraint, and to
be protected against any responsibility for so doing as long as it
Sec 2. The right of the people to be secure in their persons, does not violate the law, or injure someone’s character,
houses, papers, and effects against unreasonable searches reputation or business. It also includes the right to circulate what
and seizures of whatever nature and for any purpose shall be is published.
inviolable, an no search warrant or warrant of arrest shall  Freedom of Expression Not Absolute – it is always subject to
issue except upon probable cause to be determined personally some regulation by the State in order that it may not be injurious
by the judge after examination under oath or affirmation of the to the right of the community or society; and this power may be
complaint and the witnesses he may produce, and particularly exercised under the police power of the State to promote or
describing the place to be searched and the persons or things protect the public welfare.
to be seized.  Right of Assembly – the right on the part of the citizens to meet
 Search Warrant – an order of writing, issued in the name of the peaceably for consultation in respect to public affairs.
People of the Philippines, signed by a judge and directed to a  Right of Petition – the right of any person or group of persons to
peace officer commanding him to search for personal property apply, without fear of penalty, to the appropriate branch or office
and bring it before the court of the government for redress of grievances.
 Warrant of Arrest – a written order if the command is to arrest a
person designated, i.e., to take him into custody in order that he Sec 5. No law shall be made respecting an establishment of
mat bound to answer for the commission of an offense religion, or prohibiting the free exercise thereof. The free
 Requisites for Valid Search Warrant of Warrant of Arrest exercise and enjoyment of religious profession and worship,
1. It must be issued upon probable cause. without discrimination or preferences, shall forever be allowed.
 Probable Cause – meant such facts and circumstances No religious test shall be required for the exercise of civil or
antecedent to the issuance of a warrant sufficient in political rights.
themselves to induce a cautious man to rely upon them and  Religious Freedom – the right of a man to worship God, and to
act in pursuance thereof entertain such religious views as appeal to his individual
2. Probable cause must be determined personally by the judge. conscience, without dictation or interference by any person or
3. Such determination of the existence of probable cause must power, civil, or ecclesiastical.
be made after examination by the judge of the complaint and  Religious Test – one demanding the avowal or repudiation of
the witnesses he may produce; and certain religious beliefs before the performance of any act, i.e.
4. The warrant must particularly describe the place to be laws prescribing the qualification of public officials or employees,
searched, and the persons or things to be seized. whether appointive or elective, or of voters, may not contain
 Warrantless Searches and Seizures requirements of religious beliefs.
1. Waiver or Consent
Sec 6. The liberty of abode and of changing the same within o Takes from a party a right to which he is entitled under the contract;
the limits prescribed by law shall not be impaired except upon o Deprives him of the means of enforcing such right;
lawful order of the court. Neither shall the right to travel be o Imposes conditions not expressed in the contract, or dispenses
impaired except in the interest of national security, public with those which are; or
safety, or public health, as may be provided by law. o Diminishes the consideration agreed upon by the parties, as to
 Liberty of Abode and Travel – right of a person to have his home diminish the value of the contract, is void as impairing the
in whatever place chosen by him and thereafter to change it at obligation of the contract within the meaning of Constitution
will, and to go where he pleases, without interference from any  The freedom of contract is necessarily limited by the exercise of
source the police power of the State in the interest of general welfare,
 The right is qualified, however, is diminished if there is an order and especially in view of the explicit provisions in the Constitution
of the court or in the interest of national security, public safety, or with reference to the promotion of social justice.
public health as may be provided by law.
 Writ of Habeas Corpus – petitioned by a person whose liberty of Sec 11. Free access to the courts and quasi-judicial bodies
abode is violated against another holding him in detention and adequate legal assistance shall not be denied to any
person by reason of poverty.
Sec 7. The right of the people to information on matters of  The guarantees of due process and equal protection of the laws
public concern shall be recognized. Access to official records, assure all persons like access to the courts as well as quasi-
and to documents, and papers pertaining to official acts, judicial bodies of the country for protection of their persons and
transactions, or decisions as well as to government research property, the prevention and redress of wrongs, and the
data used as basis for policy development, shall be afforded enforcement of contracts.
the citizen, subject to such limitations as may be provided by  The State has also the constitutional duty to provide free and
law. adequate legal assistance to citizens when by reason of
 It is consonance with the principle of popular sovereignty. In a indigence they are unable to engage the services of a lawyer to
democratic society, the sovereign people have the right of access defend them or to enforce their rights in civil, criminal, or
to the records of their government; administrative cases.
 The records involving the security of the State or which are
confidential in character should be excepted. These are either Sec 12. (1) Any person under investigation for the commission
declared confidential by law or by administrative regulations. of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
Sec 8. The right of the people, including those employed in the preferably of his own choice. If the person cannot afford the
public and private sectors, to form unions, associations, or services of counsel, he must be provided with one. These
societies for purposes not contrary to law shall not be rights cannot be waived except in writing and in the presence
abridged. of counsel. (2) No torture, force, violence, threat, intimidation,
 With or without this provision, it may be assumed that this right or any other means which vitiate the free will shall be used
exists. It is clear that the right to join an association includes the against him. Secret detention places, solitary, incommunicado,
right to leave and cancel his membership with said organization or other similar forms of detention are prohibited. (3) Any
or to abstain from joining one confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against
Sec 9. Private property shall not be taken for public use him. (4) The law shall provide for penal and civil sanctions for
without just compensation. violations of this section as well as compensation to and
 Eminent Domain – right or power of the State or of those to rehabilitation of victims of torture or similar practices, and
whom the power has been lawfully delegated to take (or their families.
expropriate) private property for public use upon paying to the  Any person under criminal investigation for the commission of an
owner a just compensation to be ascertained according to law. offense shall have the right:
 Conditions for or limitations upon its exercise: o To be informed of his right to remain silent;
o Existence of public use o To have competent and independent counsel preferably of his
o Payment of just compensation own choice or to be provided with one;
o Observance of due process of law in the taking o Against the use of torture, force, violence, threat, intimidation,
 Actual physical seizure not essential – not simply to actual or any other means which vitiates the free will;
physical seizure or appropriation of the property but also to o Against being held in secret, solidarity, incommunicado, or
its destruction or impairment, or to limitation of its usual and other similar forms of detention.
necessary employment or use by its owner, not as a
consequence of police power. Sec 13. All persons, except those charged with offenses
 The “taking” must be direct – the Constitution does not punishable by reclusion perpetua when evidence of guilt is
require that property losses incidental to the exercise of strong, shall, before conviction, be bailable by sufficient
governmental power be compensated for sureties, or be released on recognizance as may be provided by
law. The right to bail shall not be impaired even when the
Sec 10. No law impairing the obligation of contracts shall be privilege of the writ of habeas corpus is suspended. Excessive
passed. bail shall not be required.
 Obligation of a Contract – law or duty which binds the parties to  Bail – security required by a court and given for the provisional or
perform their agreement according to its terms or intent, if it is not temporary release of a person who is in the custody of the law
contrary to law, morals, good customs, public order, or public conditioned upon his appearance before any court as required
policy. under the conditions specified.
 This is to protect creditors, to assure the fulfillment of lawful  The right to bail is available to any person arrested, detained, or
promises, and to guard the integrity of contractual obligations. otherwise deprived of his liberty, whether or not an information
Business problems would arise if contracts were not stable and has been filed against him.
binding and if the legislature can pass a law impairing an  To bail may not be invoked in the following:
obligation entered into legally. o Applicant is not yet in custody of the law
 The obligation of a contract is impaired when its terms or o Applicant is charged with capital offense or an offense
conditions are changed by law or by a party without the consent punishable by reclusion perpetua, life imprisonment, or death if
of the other thereby weakening the position or rights of the latter. the evidence of the guilt is strong.
A law which:
 o Under the Rules of Court, no bail shall be allowed after the denied.” Its express inclusion was in response to the common
judgment has become final, or after the accused has charge against the penial delay in the administration of justice
commenced to serve sentence. which in past has plagued our judicial system.
 Observing “the right to a speedy disposition of their cases” enhances
Sec 14. (1) No person shall be held to answer for a criminal the people’s respect for the law and faith in their government.
offense without due process of law. (2) In all criminal  The right to a speedy disposition of cases can be invoked only
prosecutions, the accused shall be presumed innocent until the after the termination of the trial or hearing of a case.
contrary is proved, and shall enjoy the right to be heard by  Under the constitution, the Supreme Court, all lower collegiate
himself and counsel, to be informed of the nature and cause of courts, and all other lower courts are required to decide or
the accusation against him, to have a speedy, impartial, and resolve cases within a certain period of time.
public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and Sec 17. No person shall be compelled to be a witness against
the production of evidence in his behalf. However, after himself.
arraignment, trial may proceed notwithstanding the absence of  This is a protection against self-incrimination which may expose a
the accused provided that he has been duly notified and his person to criminal liability. It is founded on grounds of:
failure to appear is unjustifiable. o Public policy – because if the party is thus required to testify,
 The presumption of innocence is a guarantee that no shall be he would be placed under the strongest temptation to commit
convicted of a crime except upon confession or unless his guilt is the crime of perjury; and
established by proof beyond reasonable doubt which is more than o Humanity – because it prevents extortion of confession by duress.
just a preponderance of evidence sufficient to win in a civil case.  The right against self-incrimination applies in criminal cases as
 It is better to acquit a person upon the ground of reasonable well as in civil, administrative, and legislative proceedings where
doubt even though he may in reality be guilty, than to inflict the fact asked for is a criminal one.
imprisonment on one who may be innocent.
 Prima Facie – sufficient for proof if uncontradicted; the State is Sec 18. (1) No person shall be detained solely by reason of his
only required to establish a prima facie case after which the political beliefs and aspirations. (2) No involuntary servitude in
accused is given an opportunity to present evidence to rebut it any form shall exist except as a punishment for a crime
 In all criminal prosecutions, the defendant shall be entitled xxx to whereof the party shall have been duly convicted.
be present and defend in person and by counsel at every stage  This is a response to the recent events upon declaration of
of the proceedings, from the arraignment to the promulgation of martial law up to the people power revolution and manifests the
the judgment. great importance the framers attach to its protection.
o Arraignment – made in open court by the judge or clerk, and  Involuntary Servitude – denotes a condition of enforced,
consists in furnishing the accused a copy of the complaint or compulsory service of one to another. It includes:
information with the list of witnesses, reading the same in the o Slavery – the state of entire subjection of one person to the will
language or dialect known to him and asking him whether he of another; and
pleads guilty or not guilty. o Peonage – voluntary submission of a person (peon) to the will
 An accused person is entitled to have subpoenas (order to a of another because of his debt.
person to appear and testify in court) issued to compel the  The purpose is to maintain a system of completely free and
attendance of witnesses in his favor, including a warrant of voluntary labor by prohibiting the control by which the personal
arrest, if needed. service of one is disposed of or coerced for another’s benefit
o Subpoena Duces Tecum – the accused may ask the court to which is the essence of involuntary servitude.
order a person to produce in court certain documents, articles,  This provision does not apply to the following:
or other evidence and testify with respect to him. o When the involuntary servitude is imposed as a punishment for
 Trial may proceed notwithstanding the absence of the accused a crime whereof the party shall have been duly convicted;
provided that all three conditions occur: o When personal military or civil service is required of citizens for
o He has been arraigned; the defense of the State;
o He has been duly notified of the trial; and o To injunctions requiring striking laborers to return to work
o His failure to appear is unjustifiable. pending settlement of an industrial dispute;
o To exceptional services, such as military and naval enlistment. A
Sec 15. The privilege of the writ of habeas corpus shall not be statute punishing sailors who desert their ship do not contravene
suspended except in cases of invasion or rebellion when the the constitutional provision. From immemorial usage, sailors
public safety requires it. may not leave their ships during voyage.
 Writ of Habeas Corpus – an order issued by a court of competent o To exercise by parents their authority to require their children
jurisdiction, directed to the person detaining another, to perform reasonable amount of work; and
commanding him to produce the body of the prisoner at a o When there is a proper exercise of the police power of the
designated time and place, and to show sufficient cause for State. Thus, persons may be required to assist in the
holding in custody the individual so detained. protection of the peace and order of the community, or to help
 The purpose of writ is to inquire into all manner of involuntary build or repair public highways and streets.
restraint or detention as distinguished from voluntary and to
relieve a person therefrom if such restraint is found illegal. Sec 19. (1) Excessive firms shall not be imposed, nor cruel,
 The writ is the proper remedy in each and every case of degrading or inhuman punishment inflicted. Neither shall
detention without legal cause or authority. Its principal purpose death penalty be imposed, unless, for compelling reasons
then is to set the individual at liberty. involving heinous crimes, the Congress hereafter provides it.
 The suspension of the privilege of the writ enable the State “to Any death penalty already imposed shall be reduced to
hold in preventive imprisonment pending investigation and trial of reclusion perpetua. (2) The employment of physical,
persons who plot against it or commit acts that endanger its very psychological, or degrading punishment against any prisoner
existence. or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by
Sec 16. All persons shall have the right to a speedy disposition of law.
their cases before all judicial, quasi-judicial, or administrative  The question as to the amount of the fines that shall be imposed
bodies. is one addressed to the sound discretion of the court. If it keeps
 The provision upholds the time-honored tradition of speedy within the limits of a statute the fine cannot usually be held
justice for as stated in the old dictum – “Justice delayed is justice unreasonable.
 Punishment is degrading when it brings shame and humiliation to
the victim, or exposes him to contempt or ridicule, or lowers his
dignity and self-respect as a human.
 The purpose of the guarantee is to eliminate many of the
barbarous and uncivilized punishments formerly known, the
infliction of which would barbarize present civilization.
 This abolishes the death penalty. It shall not be inflicted unless
Congress decides to reinstate it.

Sec 20. No person shall be imprisoned for debt or non-

payment of a poll tax.
 Debt – any liability to pay money arising out of a contract,
express or implied. As used in the Constitution, it refers to civil
debt or one not arising from a criminal offense
 Poll Tax – tax of a fixed amount imposed on individuals residing
within a specified territory without regard to their property or the
occupation in which they may be engaged.
 The constitutional right is a measure dictated by a sense of
humanity and sympathy for the plight of the poorer elements of
the population who cannot even afford to pay their cedula or poll
taxes, now community tax.

Sec 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.
 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 express
consent of the accused, the latter cannot again be charged with
the same or identical offense.
 Under present law and jurisprudence, the accused is placed in
double jeopardy if the following conditions are present:
o He has been previously brought to trial;
o In a court of competent jurisdiction;
o Under a valid complaint or information;
o He has been arraigned and pleaded to the charge;
o He has been convicted or acquitted or the case against him
has been dismissed or otherwise terminated without his
express consent; and
o He is being charged again for the same offense.
 The government has no right, therefore, to appeal from a
judgment of acquittal.
 The accused, after having been convicted, may appeal to a
higher court, but the latter may raise penalty on him by the lower
court and such is not second jeopardy.

Sec 22. No ex post facto law or bill of attainder shall be

enacted.
 Ex post facto – one which, operating retrospectively –
o Makes an act done before the passage of a law, innocent
when done, criminal, and punishes such act; or
o Aggravates a crime or makes it greater than when it was
committed; or
o Changes the punishment and inflicts a greater punishment
than what the law annexed to the crime, when committed; or
o Alters the 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, to convict the offender.
 Ex post facto laws are –
o Related to penal or criminal matters only
o Retroactive in their operation; and
o Deprive persons accused of crime of some protection or
defense previously available, to their disadvantage. They are
absolutely prohibited unless they are favorable to the accused.
 Bill of Attainder – legislative act which inflicts punishment without
a judicial trial. If the punishment is less than death, the act is
called a bill of pains and penalties. It is included within the
meaning of the bill of attainder as used in the constitution.