CONCEPT OF A BILL OF RIGHTS

A bill of rights may be defined as a declaration and

enumeration of a person’s rights and privileges which
the Constitution is designed to protect against violations
by the government , or by individual or groups of
individuals.
CLASSES OF RIGHTS
The rights that a citizen of a democratic state enjoys may be
classified into:
1.Natural rights- They are those 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 and right to love
CLASSES OF RIGHTS
2. Constitutional rights- They are those 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
3. Statutory rights- They are those 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 minimum wage and right to inherit property.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
The rights secured by the Constitution may be classified as
follows:
1. Political rights- They are such rights of the citizens which give them
the power to participate, directly or indirectly, in the establishment
or administration of the government. Ex. right of citizenship, right
of suffrage and the right to information on matters of public
concern.
2. Civil rights- They are those rights which the law will enforce
at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of
happiness. Ex. rights against involuntary servitude, liberty
of abode, freedom of speech, of expression or of the press.
3. Social and economic right- They include those right s 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.
4. Rights of the accused- They are the (civil) rights intended
for the protection of a person accused of any crime, like
the right to presumption of innocence, right to a speedy ,
impartial, and public trial , and the 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.

What is due process?

Any deprivation of life, liberty, or property is with due process if it is
done under the authority of a law that is valid (i.e., not contrary to
the Constitution) or of the Constitution itself, and after compliance
with fair and reasonable methods of procedure prescribed by law.
ASPECTS OF DUE PROCESS OF LAW.
1. Procedural due process which refers to the method or manner
by which the law is enforced. Daniel Webster’s famous
definition: a procedure “which hears before it condemn,
which proceed s upon inquiry, and renders judgment only
after trial.” An indispensable requisite of this aspect of due
process is the requirement of notice and hearing
2. Substantial due process which requires that the law itself,
not merely the procedures by which the law would be
enforced, is fair, reasonable, and just. In other words, no
person shall be deprived of his life, liberty, or property for
arbitrary reasons or on flimsy grounds.
Meaning of life- Life, as protected by due process of law, means something
more than mere animal existence. The prohibition against its deprivation
without due process extends to all the limbs and faculties by which life is
enjoyed.
Meaning of liberty- Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint e.g. imprisonment. It also embraces
the right of man to use his faculties with which he has been endowed by his
Creator subject only to the limitation that he does not violate the law or the
rights of others.
Meaning of property- Property, as protected by due process of law, may refer
to the thing itself or to the right over a thing. It includes the right to own,
use, transmit and even to destroy, subject to the right of the State and of
other persons.
MEANING OF EQUAL PROTECTION OF THE LAWS.

Equal protection of the laws signifies that “all persons subject

to legislation should be treated alike, under like circumstance
and conditions both in the privileges conferred and liabilities
imposed.”
What it prohibits is class legislation, which discriminates
against some and favors others when both are similarly
situated or circumstanced.
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 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.
MEANING OF SEARCH WARRANT AND WARRANT OF ARREST
(1) A 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 certain
personal property and bring it before the court.
(2) If the command is to arrest a person designated, i.e., to take
him into custody in order that he may bound to answer for
the commission of an offense, the written order is called
warrant of arrest.
SCOPE OF THE PROTECTION.
(1) Persons.- The protection applies to everybody, to citizens as well as
aliens in the Philippines, whether accused of crime or not. Corporations
are also entitled to the protection.
(2) Houses.- The protection is not limited to dwelling houses but extends to
a garage, warehouse, shop, store, office , and even a safety deposit
vault. It does not extend, however, to the open spaces and fields
belonging to one.
(3) Papers and effect.- They include sealed letters and packages in the mail
which may be opened and examined only in pursuance of a valid search
warrant.
WHAT CONSTITUTES A REASONABLE OR UNREASONABLE SEARCH OR SEIZURE IN ANY
PARTICULAR CASE IS A PURELY JUDICIAL QUESTION (I.E., ONLY COURTS ARE
EMPOWERED TO RULE UPON), DETERMINABLE FROM A CONSIDERATION OF THE
CIRCUMSRTANCES INVOLVED.
MEANING OF PROBABLE CAUSE.
By probable cause is meant such facts and circumstances
antecedent to the issuance of a warrant sufficient in
themselves to induce a cautious man to rely upon them and
act in pursuance thereof.
It presupposes the introduction of competent proof that the
party against whom a warrant is sought to be issued has
performed particular acts, or committed specific omissions,
violating a given provision of our criminal laws.
WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

In the following instances:

(1)Where there is consent or waiver,
(2)Where search is an incident to a lawful arrest,
(3)In the case of contraband or forfeited goods being transported by ship
automobile, or other vehicle, where the officer making it has
reasonable cause for believing that the latter contains them, in view of
the difficulty attendant to securing a search warrant,
(4)Where, without a search, the possession of articles prohibited by law is
disclosed to plain view or is open to eye and hand
(5) As an incident of inspection, supervision and regulation
in the exercise of police power such as inspection of
restaurants by health officers, of factories by labor
inspectors, etc. The same thing may be said of inspection of
books of accounts by revenue examiners, and
(6) Routinary searches usually made at the border or at ports
of entry in the interest of national security and for the
proper enforcement of customs and immigration laws.
 WHEN ARREST MAY BE MADE WITHOUT WARRANT.
A peace officer or private person may, without a warrant, arrest a
person:
(1)When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(2)When an offense has in fact just been committed and he has
personal knowledge of facts indicating that the person to be
arrested has committed it ; and
(3)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 temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
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 RERQUIRES OTHERWISE AS
PRESCRIBED BY LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR
THE PRECEDINGSECTION SHALL BE INADMISSIBLE FOR
ANY PURPOSE IN ANY PROCEEDING.
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.
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.
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.
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.
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.
Section 9. Private property shall not be taken for public use without
just compensation.
Section 10. No law impairing the obligation of contracts shall be
passed.
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.
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 and
rehabilitation of victims of torture or similar practices, and their
families.
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.
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.
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.
Section 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
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.
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall the
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.
Section 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
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.
Section 22. No ex post facto law or bill of attainder shall
be enacted.