Lesson 7: ARTICLE III: BILL OF RIGHTS

OBJECTIVES:
At the end of this lesson, you are expected to be able to:
 Identify the basic rights guaranteed the Constitution
 Explain the importance of exercising one’s rights in line with the powers and
prerogatives of the government

- Article III (Bill of Rights) is also known as the Constitution of Liberty.

- It is a classified list of the rights and privileges of individuals, whether personal, civil, or
political which the constitution designed to protect against governmental oppression,
containing also the formal assurance or guaranty of these rights

- It is a charter of liberties for the individual, and a limitation upon the power of the state.

- Classes of rights:

 Natural Rights – rights possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to His image
so that he may live a happy life. Ex. right to life, right to love.

 Constitutional rights – 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.

 Statutory Rights – rights which are provided by laws promulgated by the law-
making body and, consequently, may be abolished by the same body. Ex. right to
receive a minimum wage and the right to inherit property.

- Classification of constitutional rights:

 Political rights – rights as in relation to the participation of the individual, directly

or indirectly, in the establishment or administration of government. Ex. right of
suffrage, right to information on matters of public concern, freedom of speech
and of assembly.

 Civil rights – nonpolitical rights of all citizens, especially those rights relating to
personal liberty; rights which the law will enforce at instance of private individuals
for the purpose of securing to them the enjoyment of their means of happiness.
Ex. freedom from involuntary servitude, liberty of abode, unreasonable searches
and seizure, etc.

 Social, economic, and cultural rights – rights which are intended to insure the
well-being and economic security of the individual. Ex. right to property, right to
just compensation for private property taken for public use.
  Rights of the accused – rights intended for the protection of a person accused of
any crime. Ex. right to presumption of innocence, right to speedy, impartial, and
public trial, right against cruel, degrading, or inhuman punishment.

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.

- Right to life includes the right to live, free from social damages against life or limb, or
free from unjustified control. Also includes the right to earn a living.

- Deprivation of life is made more significant by the abolition of death penalty and the
protection of the unborn from conception.

- Right to liberty includes the right to determine one’s mode of life with due respect to the
rights of others.

- Right to property is the right to acquire, hold, enjoy, possess and manage property as
well as to devote the same to legitimate use.

- The right to own or possess property is subject to the police power of the state and to
the power of the state to take property for public use upon payment of just
compensation, power of eminent domain.

- This provision embodies two basic ideas in modern democracy: due process and equal
protection of the law.

- Due process is a law which hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.

- Due process extends to all persons within the Philippines.

- Two aspects of due process:

 Substantive due process – requires that any possible deprivation of life, liberty, or
property is due to a valid law enacted by Congress.

 Procedural due process – concerns itself with legal processes, which should give
a party to a case sufficient time to be heard and to be able to present evidence in
his behalf.

- Equal protection of the laws simply requires that all persons (including aliens) or things
similarly situated should be treated alike, both as to rights conferred and responsibilities
imposed.

- It also requires that the laws should be applied equally.

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 be issued 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.

- This refers to what is commonly called the right against unreasonable searches and
seizures.

- Scope of protection:

 Persons – applies to everybody, citizens and aliens, whether accused or not, as

well as corporations.

 Houses – not limited to dwelling houses but extends to a garage, warehouse,

shop, store, office, and even a safety deposit vault.

 Papers and effects – include sealed letters and packages in the mail which may
be opened and examined only in pursuance of a valid search warrant.

- Provides the requirements as to how a valid warrant of arrest or search warrant is to be

issued.

- Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense

- Warrant of arrest is a written order of the court directing a peace officer to arrest a
person and take him into custody in order that he may be bound to answer for the
commission of an offense.

- Search warrant is 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
personal property described therein and bring it before the court.

- Only a judge may issue a search warrant or warrant of arrest.

- Requirements for valid search warrant or warrant of arrest.

 It must be issued upon probable cause

 The probable cause must be determined personally by the judge himself

 Such determination of the existence of probable cause must be made after

examination by the judge of the complaint of the complaint and the witnesses he
may produce
  The warrant must particularly describe the place to be searched, and the persons
or things to be seized.

- Instances where an arrest is lawful even without a warrant. In these cases, the arrest
may be done by a private individual.

 In flagrante arrest. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit an offense;

 Probable arrest. When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and

 Re-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 is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.

- Likewise, the law allows warrantless search in the following cases:

 When there is a waiver of the right;

 In cases where the prohibited articles is within plain-view;

 Regulation and inspection purposes, or as an incident of police power;

 Implementation of Tariff and Customs laws;

 In cases of stop and frisk, assuming there is a valid ground; and

 When the search is an incident of a lawful arrest.

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.

- The provision acknowledges the need for the individual’s basic right to be alone and be
left alone in his personal dealings.
- Communication (telephones, telegraphs, radio, etc.), correspondence (letters,
telegrams)

- Limitations on the right:

  Upon the lawful order of the court (interpreted in the light of the requirements for
the issuance of a search warrant.

 When public safety or order requires otherwise as prescribed by law (the right is
subject to the police power of the state)

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.

- This freedom assures to the citizen that he may voice out his ideas to society.

- The right to freely utter and publish whatsoever 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 injures someone’s character, reputation or business. It also includes the right
to circulate what is published.

- Ex: Leading cases of Ayer Productions vs. Capulong and Ponce Enrile and McElroy vs.
Capulong

- Right of assembly means the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs.

- 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 the government for redress of
grievances.

- The freedom of speech, expression or press is subject to the laws against obscenity,
libel or slander, the laws on sedition as well as the police power.

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.

- The right of a man to worship God, and to entertain such religious views.

- The state may not establish a religion (no state religion) and may not utilize public funds
to support a particular religion.

- Two-fold aspects: (1) freedom to believe and (2) freedom to act on one’s belief.

- However, the actions of a person in accordance to his religious beliefs (aspect #2) are
subject of the state’s police power.

- One cannot do an act that is contrary to law or morals and justify it as a religious act.
 - “No religious test shall be required for the exercise of civil or political rights.” – laws
prescribing the qualification of public officials or employees, whether appointive or
elective, or of voters, may not contain requirements f religious beliefs.

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.

- Liberty of abode (where one likes to reside) and of the right to change the same (to
transfer from one place to another for residence purposes)

- The right to travel (within the country or by going abroad)

- EX. Request or the demand of the Marcoses; when warrant of arrest has been issued.

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.

- The people have the right to know what their government is doing because the
government being a public institution, its acts are public acts.

- The 1987 Philippine Constitution in Art. II Sec. 7, affords to every citizen, subject to
limitations as may be provided by law, access to the following:

 official records

 documents and papers pertaining to official acts, transactions, or decisions

 government research data used as basis for policy development.

- Records involving the security of the State or which are confidential in character should
be exempted.

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.

- The right to form associations is the freedom to organize or to be a member of any group
or association, union or society.

- This also includes the right to leave and cancel his membership with said organization or
to abstain from joining one.
 - Subject to the state’s police power if the association or society could be shown to create
an imminent danger to public order, public peace, public morals, or public safety.

- An organization cannot be established for an illegal purpose.

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

- A restatement of one of the three inherent powers of the State: POWER OF EMINENT
DOMAIN

Section 10. No law impairing the obligation of contracts shall be passed.

- 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

- Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith.

- This provision guarantees the state’s non-interference between the contractual dealings
of private citizens.

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 courts may allow the exemption of indigent litigants from the payment of judicial
costs.

- In criminal cases, in case a person cannot afford the services of counsel for his defense,
the state must provide him one.

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.
(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.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to the rehabilitation of victims of torture or similar practices, and their
families.

- Commonly referred to as the Miranda Doctrine.

 - Miranda Doctrine (Miranda vs. Arizona): The accused must be warned prior to any
questioning that he has the right to remain silent, that anything he says can be used
against him in a court of law, that he has the right to the presence of an attorney, and
that if he cannot afford an attorney one will be appointed for him prior to any questioning
if he so desires.

- Rights of person under investigation:

 to be informed of his right to remain silent;

 to have competent and independent counsel preferably of his own choice or to

be provided with one;

 against the use of torture, force, violence, threat, intimidation, or any other means
which vitiates the free will; and

 against being held in secret, solitary, incommunicado, or other similar forms of

detention.

- Statements made in response to interrogation by a defendant in police custody will be

admissible at trial only if it can be shown that the defendant was informed of his right to
consult with an attorney before and during questioning and of the right against self-
incrimination prior to questioning by police, and that the defendant not only understood
these rights, but voluntarily waived them in writing and in the presence of counsel.

- The provision extends itself by prohibiting coercion though the use of violence, threat, or
intimidation.

- Any evidence obtained from the accused by torture, force, violence, threat, intimidation;
or any other means that vitiate one’s free will shall not be used against him.

- Prohibits secret detention places, solitary, incommunicado or other similar forms of

detention and any confession or admission obtained under such detention shall not be
admissible in evidence against the accused.

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.

- Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified.
 - Bail may be given in the form of corporate surety, property bond, cash deposit, or
recognizance.

- The purpose of requiring bail is to relieve an accused from imprisonment until his
conviction (presumption of innocence) and yet secure his appearance at the trial.

- Limitations on the right to bail: (who may not invoke the right to bail)

 Where the applicant is not yet in custody of the law because he went into hiding
or he is a free man even when he has already been criminally charged in court.
The purpose of bail is to secure one’s release and it would be incongruous to
grant bail to one who is free.

 The right to bail shall not be available where the penalty is punishable by
reclusion perpetua and where the evidence of guilt is strong

 No bail shall be allowed after the judgment has become final, or after the
accused has commenced to serve sentence.

- Excessive bail is prohibited. What amount is a reasonable bail rests mainly upon the
discretion of the judge. He has to take into account in deciding the matter, among others,
the nature of the offense, the penalty which the law attaches to it, the probability of guilt,
and the financial condition of the accused.
-
Section 14. (1) No person shall be held to answer for a criminal offense without due process
of law.
(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.

- Before one is made to answer for a criminal offense, due process must be observed.
There must be hearing and the accused must be given opportunity to defend himself.

- Every person accused of a crime or offense is presumed innocent until the contrary is
proved.

- In order to convict the accused in criminal cases, his guilt must be beyond reasonable
doubt.

- If the court is not morally certain that the accused committed a crime due to the
presence of reasonable doubt, he should be acquitted due to the constitutional
presumption of innocence in his favor.
- An accused has the right to be heard by himself and counsel, this being part of due
process but trial may proceed even in the absence of the accused under the following
conditions:

 there has been an arraignment

 accused has been duly notified of the hearing

 failure of the accused to appear is unjustifiable

- Arraignment is made in open court by the judge or clerk, and consists in furnishing the
accused a copy of the complaint or information with the list of witnesses, reading the
same in the language or dialect known to him and asking him whether he pleads guilty
or not guilty.

- Importance of right to counsel: Even the most intelligent or educated man may have no
skill in the science of the law, particularly in the rules of procedure and without counsel,
he may be convicted not because he is guilty but because he does not know how to
establish his innocence.

- The right of the accused to be informed of the nature and cause of the accusation
against him signifies that an accused should be given the necessary data as to why he is
being proceeded against; and that he should not be left in the unenviable state of
speculating why he is made the object of prosecution.

- Speedy trial is one conducted according to fixed rules and proceedings of law, free from
vexatious, capricious and oppressive delay. Trail must be conducted with reasonable
promptness consistent with due course of justice.

- Impartial trial – absence of actual bias in the trial cases.

- Ex. No man can be a judge in his own case and no man is permitted to try cases where
he has an interest, pecuniary or otherwise, in the outcome.

- The trial must be public to assure the people who would like to observe that justice is
given to the accused who is entitled to a fair hearing.

- A public trial is not of necessity one to which the whole public is admitted, but it is one so
far open to all, as that of the accused’s friends and relatives and others who may be
inclined to watch the proceedings in order to see if justice is intelligently and impartially
administered.

- The right of the accused to meet the witnesses against him face to face have two
important reasons:
  Cross-examination of witnesses by the accused

 Assessment by the court of witness’ credibility

- The accused has the right to have compulsory process issued to secure the attendance
of witnesses and the production of evidence in his behalf.

- An accused person is entitled to have subpoenas (order to a person to appear and

testify in court) issued to compel the attendance of witnesses in his favor.

- The compulsory process of subpoena testificandum and subpoena duces tecum

available to the accused to compel witnesses to appear before the court or to order
production of records or other evidence which may be helpful to the accused, is
designed to enable the court to hear both sides in the case and thus enable it to render
correct judgment.

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.

- The writ of habeas corpus is a prerogative writ of liberty employed to test the validity of a
person’s detention.

- It is an order issued by a court of competent 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 in custody the individual so detained.

- Purpose: to set the individual at liberty and protects a person from illegal and arbitrary
detention.

- Extends to all cases of illegal confinement or detention by which any person is deprived
of his liberty, or by which the rightful custody of any person is withheld from the person
entitled thereto.

- 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 a specified time, together with an explanation
of the cause of the detention, called the return. After the order is obeyed, the judge
scrutinizes the return and then decides whether it shows that the imprisonment is
authorized by law. If so, the prisoner is remanded – sent back to custody. If not, he is set
free at once by the judge.

- It cannot be easily taken away from the individual, except in cases of invasion or
rebellion, when public safety requires it.
 - The suspension of the privilege of the writ of habeas corpus is done by the President.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

- “Justice delayed is justice denied”

- Promotes the sound administration of justice in our country.

Section 17. No person shall be compelled to be a witness against himself.

- Also known as the right against self-incrimination.

- The accused cannot be made to build his own prosecution by a testimonial compulsion
against him and obtained from him thru coercive means.

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.

- Ex. During the declaration of martial law on Sept, 21, 1972 under Proclamation No. 1081
of Pres. Marcos, the military establishment carried out a nationwide arrest and detention
ok known political opponents and critics of the administration.

- A person cannot be made to believe a specific political view or affiliation.

- A person cannot be detained due to a different political perspective.

- Involuntary servitude denotes a condition of enforced, compulsory servitude of one to

another. It has been applied to any service or labor which is not free, no matter under
what form such service may have been rendered. It includes:

 Slavery or the state of entire subjection of one person to the will of another; and
 Peonage or the voluntary submission of a person to the will of another because
of his debt.

- Exceptions to prohibition:

 when the involuntary servitude is imposed as a punishment for a crime whereof

the party shall have been duly convicted.

 when personal military or civil service is required of citizens for the defense of the
State. (Art. II, Sec. 4)
  to injunctions requiring striking laborers to return to work pending settlement of
an industrial dispute;

 to exceptional services, such as military and naval enlistment. Thus, a statute

punishing sailors who desert their ship do not contravene the constitutional
provision. From immemorial usage, sailors may not leave their ships during
voyage;

 to exercise by parents of their authority to require their children to perform

reasonable amount of work; and

 when there is a proper exercise of the police power of the State. Thus, persons
may be required to assist in the protection of the peace and order of the
community, or to help build or repair public highways and streets.

Section 19. (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.
(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.

- The Constitution prohibits:

 Imposition of excessive fines

 Infliction of cruel, degrading or inhuman punishment (like cutting of fingers of a

thief or cutting the penis of a rapist)

 Imposition of death penalty except when Congress provides for it for compelling
reasons involving heinous crimes.

- Heinous crimes cover offenses that are exceedingly or flagrantly bad or evil or those
committed with extreme cruelty as to shock the general moral sense, such as treason,
parricide, drug-trafficking, murder, robbery with homicide, rape with homicide, killing a
person in stages, etc., especially if the crime is committed against children or
defenseless people.

- Arguments against death penalty:

 It is cruel and inhuman for the convict and family who are traumatized by the
waiting even if it is never carried out;

 There is no conclusive evidence from penologist that it has a special deterrent

effect on criminality;
  It deprives the convict of a chance of rehabilitation and reformation, death being
irreversible;

 There is always a possibility of error in condemning a person to death;

 The state has no right to deprive a person of his life; God is the giver of life and
only He can take it.

- Arguments in favor of death penalty:

 It is not cruel and inhuman because the manner by which it is executed does not
involve physical or mental pain nor unnecessary physical or mental suffering, and
it is imposed only for heinous crimes;

 It does discourage others from committing heinous crimes and its abolition will
increase the crime rate;

 A convict by his own acts has forfeited his right to life and shown his moral
incapability to be rehabilitated and reformed;

 The State has the absolute right to take the life of a person who has proved
himself a great menace to society by way of self-defense and as an example and
warning to others.

- The law may provide for regular inspection of jails or prisons by appropriate authorities
with the end in view of maintaining favorable and humane environment even for
criminals.
-
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

- Debt means any liability to pay money arising out of a contract, express or implied.

- Poll tax (or personal, capitation tax, community or residence tax) 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.

- This only applies on a debt contracted in good faith.

- For failure to pay a debt, the debtor unless guilty of estafa (where there is fraud) cannot
be send to jail.

- If fraud was employed by the debtor in order to contract the obligation, he may be
imprisoned considering his act was criminal in nature.
 - Neither shall he be sent to jail for failure to pay his residence (poll) tax (known as
community tax). But failure to pay one’s community tax may result in valid imposition of
fine and/or surcharge.

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.

- A person cannot be punished twice for exactly the same offense.

- The right 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.

- To entitle a defendant to plead successfully former jeopardy, the offense charged in the
two prosecutions must be the same in law and fact.

- Protects an accused from harassment, enables him to treat what had transpired as a
closed chapter in his life, either to exult in his freedom or to be resigned to whatever
penalty is imposed, and is a bar to unnecessary litigation, in itself time-consuming and
expense-producing for the state as well.

- Requisites: (for existence of double jeopardy)

 There must be a valid complaint or information,

 The said information must be filed before a competent court,

 The said defendant had already made a plea, and finally

 He was acquitted or convicted in the said case

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

- An ex post facto law is one which, operating retrospectively:

 makes an act done before the passage of a 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 the 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, in order to
convict the offender.

- Bill of attainder is a law, which inflicts punishment without the benefit of judicial trial. It is
disallowed in our country considering that it violates the right of a person to due process.