BILL OF RIGHTS

SECTION 8–14
Section 8
The right of the people, including those
employed in public and private sectors,
to form unions association, or societies for
purposes not contrary to law shall not
abridged.
Meaning of Right to form Associations etc.
 The right to form is the freedom to be a member of any group
or association and to work to together in a particular purpose.

With or without provision it may be assumed that the right is

exist. Joining associations include the right to leave or to cancel
his/her membership.

Section 8 grants government employees the right to form labor

unions.
SECTION 9
Private property shall not be
taken for public use without
just compensation.
Three Governmental Power namely:
 Power of Eminent Power Domain
 Police Power
 Power of Taxation
Eminent Domain
- The right or powerof the state or to
those to whom the power has been
lawfully delegated.
 Conditions for or Limitations upon
its exercise:
 Existence of Public Use. —Identified with "public
benefit", "public utility" or "public advantage"
Identified with whatever is beneficially
employed for the community.
 Payment of Just Compensation.
 Observance of Due Process of Law in the taking.
Police Power
– Defined as the power of the state to
enact such laws or regulations in relation
to persons and property.
Illustrations of People Power Laws
 Public Health
- Those regulating the medical profession.

 Public Morals
- Those punishing vagrancy and prostitutions.

 Public Safety
- Those requiring a license for the right to drive motor
vehicles General Welfare and Convenience Those requiring
compulsory registration of lands.
Distinctions among the Three Power
 As a authority which exercises the power.
- Government and Public Service

 As to purpose
- The property is taken, for public use and the
property is taken or destroyed.

 As to affect
- Public funds, Transfer of the right to property
and Restraint in the injurious use of the property.
Distinctions among the Three Power

 As to persons affected.
- A community or a class of individuals and
Individual as the owner of the property

 As to benefits received.
- Receives the equivalent of the tax (benefits and
protection) and Receive just compensation.
SECTION 10
No Law impairing the obligation
of contracts shall be passed.
Meaning of obligation of a contract
- the obligation of a contract is the law or
duty which binds the parties to perform their
agreement according to its terms or intent.
Scope of terms “law” and “contract”
(1) the law, the enactment of which is prohibited,
includes executive and administrative orders of the
President.
(2) the contract, the obligation of which is secured
against impairment under the constitution, includes
contracts entered into by the government.
Purpose of non- impairment prohibition
- The prohibition is intended to protect creditors,
to assure, the fulfillment of lawful promises, and
to guard the integrity of contractual obligations.

When obligation of contract impaired

- The obligation of a contract is impaired when its
terms and conditions are changed by law or by
a party without the consent of the other.
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.
 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 this right to remain
silent and to have counsel;
3. The right against the use of torture, force, violence,
threat, intimidation or any other means which vitiates
the free will.
4. The right against being held in secret, incommunicado,
or similar form of solitary detention.
5. The right to bail and against excessive bail;
6. The right 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 informed of the nature and cause of the accusation against him;
10. The right of have a 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 witnesses and
the production of evidence in his behalf;
13. The right against self- incrimination;
14. The right against detention by reason of political beliefs 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 expect for heinous crimes; and
18. The right against double jeopardy.
 Reasons for Constitutional Safeguards;
1. A criminal case, an unequal contents.
- A contest between and individual and the government.
- The imbalance between these parties by guaranteeing the
accused the right to an impartial trial.

2. Criminal accusation, a very serious matter.

- Needs very possible opportunity to establish his innocence,
as publicly and as decisively as possible.
3. Protection of innocent, the underlying purpose.
- To not coddle wrongdoers or to protect the guilty.
- The acquittal if the given more importance or
preference the conviction of the criminal.

- For as the Roman praetor said; “it is better that a

thousand guilty men be free than one innocent man
deprived of his life or liberty”.
•Right to free access to the courts and quasi-judicial bodies.
- Assure all persons like access to the courts as well as quasi-
judicial bodies of the country for the protection of their persons
and property.

Within the category may be mentioned the :

- Low paid employees –
- Domestic servant and,
- Laborers

•Right to adequate legal assistance

- the state has the constitutional duty to prove free and
adequate legal assistance to citizens when by reasons of indigence
or lack of financial means.
SECTION 12
(1) Any person under investigation for the commission of an offense shall have
the right to be informed f 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, 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 and rehabilitation of victims of torture or
similar practices, and their families.
 Rights of person under investigation.
Any person under criminal investigation for the
commission of an offense shall have the right;
1. To be informed of his right to remain silent
2. To have competent and independent counsel preferably
of his own choice or to be provided with one.
3. Against the use of torture, force, violence, threat,
intimidation, or any other means which vitiates the free
will; and
4. Against being held in secret, solidarity, incommunicado, or
other similar detention.
Effect of violation of the rights
To give force and meaning to the constitutional
provision, any confession obtained in any violation of
any the above right in is declared inadmissible in
evidence before any proceeding and violators will shall
be subject to penal civil sanctions to be proved by law.

Who rights can be invoked.

Section 12 provides procedural safeguards to secure the
rights of the accused particularly the privilege against
self-incrimination of persons under arrest or in custody
of law enforcement officers.
SECTION 13
All persons, expect those charged with offences
punishable by reclusion perpetua when the evidence
of guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or to 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
- the security by a court and given for the provisional or
temporary release of a person.

The purpose of the bail is to relieve an accused from

imprisonment until his conviction an yet secure his
appearance at the trial. The form of bail are:
•Cash deposit
•Property bond
•Bond secured from a surety company
•Who may not invoke the right of bail?
It is only available for:
•Any persons arrested,
•Detained or,
•Deprived of his liberty

1.Applicant is not yet custody of the law.

2.The applicant is the one charged with the capital offense or an evidence of his guilt
is strong.
3.If it is under the rules of law. “No bail shall not be allowed after the judgement has
become final, or after the accused has commenced to serve sentence.”

•Excessive bail prohibited.

- The constitution ordains that excessive bail shall not be required without the explicit
injunction, the right to bail would be meaningless farce.
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 ids proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the
nature and cost 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 witness nd the production of the evidence in his
behalf however, after arraignment, trial may proceed not
with standing, the absence of the accuse provided that he has
been duly notified and his failure to appear is unjustifiable.
Right to due process of Law in Criminal cases
it requires that;

1. That accuse must be

a. tried before a competent court.
b. given a fair and impartial trial and;
c. allowed to use all legal means and
opportunity to defend himself; and
2. The judgement awarded against him must be
within the authority of a valid law.
 Right to presumption on innocence.

 Right to presumption on guilt.

the principle that one is considered guilty unless
proven innococent; thus the burden of proof innocent
is on the accused, not the accuser.

Right to be informed of the nature and cause of the

accusation against him.
1. specific allegations of crime charged.
2. remedy of accused whose right is violated.
Right to have speedy, impartial and public trial.
1. speedy
2. impartial trial
3. public trial

Right to confrontation of witnesses.

Two important reasons:
1.cross-examination of witnesses by the accused.
2. Assessment by the court of witness credibility.
 THANK YOU!
Presented by:
Odal, Graezy Mae
Piñon, Carrine Justine
BSA-1B