BILL OF RIGHTS

One important feature of a democratic state is the people’s enjoyment of rights and
privileges. As a democratic state, our country guarantees its citizens certain individual
rights, which are stipulated in Article III of its fundamental charter.

Learning Objec tives:

A. recognize basic rights enjoyed under the 1987 Philippine Constitution;
B. identify different forms of rights and liberties; and
C. manifest understanding of the responsibilities for every right and liberties.

WHAT IS BILL OF RIG HTS

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 an individual or groups of
individuals. The enjoyment of these rights by the people is
founded on the social importance given to them in a
democratic society. Moreover, the government’s protection of
these rights is founded on the belief that every person has an
inherent dignity and worth which must be protected and
respected.

C LASSES OF RIG HTS

The rights that a citizen of a democratic state enjoys may be

classified into:

1. Natural rights - these are rights inherent to man and given

to him by God as a human being.
2. Constitutional rights - these are the rights Guaranteed under the fundamental charter
of the country
3. Statutory rights - these are rights provided by law-making body of a country or by law,
such
as the right to receive a minimum wage and the right to preliminary investigation.

C LASSES OF CONSTITUTIONAL RIG HTS

The human rights secured By the Constitution include social and economic rights not just
political and c ivil rights. They are as follows:

4. Civil rights - specified under the Bill of Rights. They are rights enjoyed by an individual by
virtue of his citizenship in a state or community.
5. Economic rights - rights to property, whether personal, real or intellectual.
6. Political rights - these are rights of an individual enjoys as a consequence of being a
member of a body politic.
7. Rights of the accused - they are the (civil) rights intended for the protection of a
person
accused of any crime, like the right against unreasonable search and seizure, Pagethe
1 ofright
18
to presumption of innocence, the right to a speedy, impartial, and public trial, and the
right against cruel, degrading, or inhuman punishment.
BILL OF RIGHTS IN THE 1987 CONSTITUTION | ARTICLE III

There are 22 sections under the Article III - Bill of Rights of the current constitution of our
country.

Sec. 1 No person shall be deprived of life, liberty, or property

without due proc ess of law, nor shall any person be denied the
equal protection of the laws.

A. WHAT IS LIFE, LIBERTY, AND PROPERTY?

1. Life - refers not just to physical safety but also to the importance of quality of life. Thus,
right to life means right to be alive, right to one’s limbs against physical harm, and,
equally important, right to a good quality of life. Life means something more than mere
animal existence.
2. Liberty - refers to one's freedom, the use of individual faculties provided he does not
violate that of others. It 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 C reator subjec t only to the limitation that he does not violate the law or the
rights of others.
3. Property - refers either to the thing itself or right over the thing. As a thing, property
is
anything capable of appropriation, and it could be personal or real. As a right, it refers
to right to own, use, possess, alienate, or destroy the thing. The constitution uses property
in the sense of right, and as such it includes, among others, right to work, one’s
employment, profession, trade, and other vested rights.

B. WHAT IS DUE PROCESS OF LAW?

Due process of law is a constitutional guarantee against hasty and unsupported

deprivation of some person’s life, liberty, or property by the government. While is it true
that the state can deprive its citizens of their life, liberty, or property, it must do so in
observance of due process of law. This right is the embodiment of the supporting idea of
fair play and its essence is that it is a law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial. Due process of law has,
therefore, a two-fold aspect, namely:

4. Procedural due process - requires, essentially, the opportunity to be heard in which

every citizen is given the chance to defend himself or explain his side through the
protection of general rules of procedure. It contemplates notice and opportunity to be
heard before judgment is rendered.
5. Substantive due process - requires that the law itself is valid, fair, reasonable, and just.
For the law to be fair and reasonable it must have a valid objective which is pursued in
a lawful
manner. The objective of the government is valid when it pertains to the interest of the
general public, as distinguished from those of a particular class.

C. WHAT IS EQUAL PROTECTION OF LAW? Page 2 of 18

It signifies that all persons subject to legislation should be treated alike, under like
the enjoyment of similar rights and privileges granted by law. The guarantee does not
provide absolute equality of rights or indiscriminate operation on persons. Persons or things
that are differently situated may thus be treated differently. Equality only applies among
equals. What is prohibited by the guarantee is the discriminatory legislation which treats
differently or favors others when both are similarly situated.

Sec. 2 The right of the people to be secure in their persons,

houses, papers, and effec ts against unreasonable searches
and seizures of whatever nature and for any purpose shall be
inviolable…

A. VALID DOCUMENTS FOR ARREST OR SEARCHES

Before a person is arrested or a personal property seized, it must be supported by a valid

warrant of arrest or a search warrant. The exceptions are in cases of valid warrantless
arrests and searches.

1. Warrant of Arrest - a written order of the court, issued in the name of the Philippines,
authorizing a peace officer to arrest a person, and put him under the custody of the
court.
2. Search Warrant - a written order of the court, authorizing or directing a peace officer
to search a specific location, house, or other premises for a personal property allegedly
used
in a c rime or may be utilized as a tool to prove a c rime.

B. HOW TO KNOW IF A WARRANT IS VALID?

3. It must be based upon a probable cause - probable cause refers to such facts and
circumstances which would lead a reasonably discreet and prudent man to believe that
an offense has been committed and that the objects sought in connect with the
offense are in the place sought to be searched.
4. The probable c ause must be determined personally by the judge - the judge
“personally” determines the probable cause means that “he personally evaluates the
report and the
supporting documents submitted by the public prosecutor regarding the existence of
the probable cause,” or, if the same is insufficient, “require additional evidence to aid
him in arriving at a conclusion as to the existence of probable cause.
3. The determination must be made after examination under oath or affirmation of the
c omplainant and the witness he may produc e
4. It must particularly describe the place to be searched and the persons or things to be
seized
- The property subject to search includes those used in the commission of the offense,
stolen
or embezzled and other proceeds or fruits of the offense, or used or intended to be
used in the commission of the offense.

C. CAN AN ARREST/SEARCH BE VALID WITHOUT WARRANT?

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5. Warrantless Arrest - Under the Rules of Court, a peace officer or a private person may
arrest a person even without a warrant under the following instances:
 b. Hot pursuit - 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
c. Arrest of escaped prisoners - when the person to be arrested is a prisoner who
has escaped from a penal establishment of place where he is serving final
judgment or
temporarily confined while his case is pending, or has escaped while being transferred
from one c onfinement to another.
2. Warrantless Searches - search is valid even w/o a warrant, under the following
instances:
a. Search as an incident to a lawful arrest. When a valid arrest precedes the search or
contemporaneous with it, and the search is limited to the immediate vicinity of the
place of arrest, for purposes of securing dangerous objects and effects of the crime;
b. Consented search. When the right has been voluntarily waived by person who has a
right, aware of such right, and has an actual intention to relinquish such right;
c. Plainview search. When prohibited articles are within the sight of an officer who has
the
right to be in a position to that view;
d. Visual search at checkpoints. When the search at stationary checkpoints is pre-
announced, and limited to a visual search only;
e. Terry search. When a police officer, in interest of effective crime prevention, performs
a
“stop-and-frisk” or patting of outer clothing for dangerous weapons, after observing a
suspicious conduct on the part of a citizen;
f. Search of moving vehicles, vessels, and aircrafts for violation of laws;
g. Inspection of buildings and other premises for the enforcement of fire, sanitary, and
building regulations; and
h. Search in airports and other populous places.
Sec. 3 The privac y of c ommunication and c orrespondenc e shall
be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law.

A. MEANING OF RIGHT TO PRIVACY

It is defined as the right to be left alone. It has also been defined as the right of a person
to be free from undesired publicity, or disclosure and as the right to live without
unwarranted interference by the public in matters with which the public is not necessarily
concerned.

Included on this right is the protection against invasion of communication and

correspondence such as telephone calls, text messages, letters, and the like. These forms of
c ommunication and c orrespondenc e may be intruded into by means of wiretapping or
other means of electronic eavesdropping.

B. LIMITATIONS OF THE RIGHT

The right is not violated when the interference is made:

1. Upon lawful order of the c ourt.
2. When public safety or order requires otherwise at; prescribed by law.

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 Sec. 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.

A. WHAT IS THE MEANING OF THESE TERMS?

The constitutional freedom of speech and expression, and of the press, collectively known
as the freedom of expression, implies the right to freely utter and publish whatever 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 injure someone's character, reputation or
business. It also includes the right to circulate what is published.

1. Speech and expression - include any form of oral utterances. They cover picketing for
by it one silently expresses what he has in mind, display of a flag, and salute to the flag.
They also embrac e expression by means of motion picture.
2. Press - covers every sort of publications: newspapers, periodicals, magazines, books,
handbills, leaflets, etc. Radio and television as instruments of mass communication may
also be included within this term.
3. Right of Assembly - means the right on the part of the citizens to meet peaceably for
c onsultation in respec t to public affairs.
4. 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.

B. IS FREEDOM OF EXPRESSION ABSOLUTE?

The right of freedom of speech and of the press is essential to the preservation and
operation of a stable democracy; but even this right is not absolute at all times and
under all circumstances. It is always subject to some regulation by the State in order that
it may not be injurious to the right of the community or society; and this power may be
exercised under the police power of the State to promote or protect the public welfare.

Anyone who slanders or libels another may be penalized. Furthermore, "lewd and obscene"
speech is not entitled to constitutional protection nor are "fighting words," words that by
their very utterance injure and provoke others to attack. One has no right to stand up in a
crowded theater and yell "fire" merely to see the confusion and possible panic that will
result. Seditious speeches are also outside the protection of the Constitution. Were the right
to free speech absolute, he cannot be prosecuted for he would only be exercising his
freedom of speech.

C. WHAT IS THE IMPORTANCE OF PROTECTING THESE RIGHTS?

5. Promotes growth of the individual and the nation - If man is not free to communicate his
ideas to others, not only is l:is own moral and intellectual development stifled but his
fellowmen are deprived of the benefit and stimulation which he might impart to them.
And unless individuals are at liberty to discuss the various issues that confront the
community, the government, and the whole web of social relationships, the search for
truth and perfection is impeded. Page 5 of 18
2. Makes possible scrutiny of acts and conduct of public officials - "No one can doubt the
importance of the right: (a) to canvass the acts of public men and the tendency of
public measures, (b) to censure boldly the conduct of rulers, and (c) to scrutinize the
policies and plans of the government. If we would preserve [this right], public opinion
must be enlightened; political vigilance must be enc ouraged."
3. Ensures a responsive and popular government - It is only through free debate and free
exchange of ideas that a government remains responsive to the will of the people and
peaceful change is affected. The people must be able to voice their sentiments and
aspirations so that they may become active participants in the political process (i.e.
public discussions, referenda, initiatives, recalls, plebiscites and elections) as well as in
national development.

D. IS THERE AN INSTANCE THAT THESE RIGHTS CAN BE ABRIDGED?

The abridgment of the liberty, however, can be justified only where there exists substantial
danger that the speech will likely lead to an evil, the government has a right to prevent.
This is known as "the clear and present danger rule.'' How substantial the danger must be
and immediate the evil results, depends upon the nature of the interest threatened.

Sec. 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.

A. WHAT IS RELIGION?

Religion, in its broadest sense, includes all forms of belief in the existence of superior beings
exercising power over human beings and imposing rules of conduct with future state of
rewards or punishments. It has reference to one's views of his relations to his Creator, and to
the obligations they impose of reverence to His being and character and of obedience to
His will.

B. WHAT IS FREEDOM OF RELIGION?

The right of a man to worship God, and to entertain such religious views as appeal to his
individual conscience, without dictation or interference by any person or power, civil or
ecclesiastical. It forbids restriction by law or regulation of freedom of conscience and
freedom to adhere to such religious organization or form of worship as the individual may
choose Freedom of religion has two aspects:

1. Freedom to believe - it is in the realm of the mind, and as such it is absolute, since the
State cannot control the mind of the citizen. Thus, every person has the absolute right
to believe (or not to believe) in anything whatsoever without any possible external
restriction by the government.
2. Freedom to act on one’s belief - refers to the externalization of belief as it is now brought
out from the bosom of internal belief. Since it may affect peace, morals, public policy,
and order, the government may interfere or regulate suc h aspec t of the right.

Page 6 of 18
C. RELIGIOUS TEST PROHIBITED

The Constitution expressly provides that “no religious test shall be required for the exercise of
civil or political rights.” A religious test is one demanding the avowal or repudiation of
certain religious beliefs before the performance of any act. Thus, under this injunction,
laws prescribing the qualification of public officials or employees, whether appointive or
elective, or of voters, may not contain requirements of religious beliefs. The expression of
civil or political rights is to be understood as including the individual rights safeguarded by
the Constitution and statutory laws. This is to uphold the principle of separation of the
church and the state.

Sec. 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.

A. WHAT IS LIBERTY OF ABODE AND TRAVEL?

It is the right of a person to have his home in whatever pl ace chosen by him and
thereafter to change it at will, and to go where he pleases, without interference from any
source. The right is qualified, however, by the clauses "except upon lawful order of the
court" and "except in the interest of national security, public safety, or public health as
may be provided by law."

B. WHAT ARE THE LIMITATIONS OF THE RIGHT?

The phrases "except upon lawful order of the court" and "except in the interest of national
security, public safety, or public health," means, in other words, subject to the dominant
police power of the State. Thus, the lawmaking body may by law provide for the
observance of curfew hours in time of war or national emergency, the commitment of
mentally deranged persons to a mental institution, the confinement of those with
communicable diseases to a hospital, the arrest and detention of persons accused of
crimes, etc.

Sec. 7 The right of the people to information on matters of

public c onc ern shall be rec ognized.

A. WHAT IS RIGHT TO INFORMATION?

Right to access information on matters of public concern which includes facts, records,
publications, periodicals, documents and revenue in the government. The general rule is
that there should be a balance between the need to afford protection to vital secrets
and the basic right for people to know about the activities of the government.

Page 7 of 18
B. WHAT ARE THE LIMITATIONS OF THIS RIGHT?

The right guarantees access to official records for any lawful purpose. However, access
may be denied by the government if the information sought involves:

1. National security matters, military and diplomatic secrets;

2. Trade or industrial sec rets;
3. C riminal matters; and
4. Other confidential information (such as inter-government exchanges prior to consultation
of treaties and executive agreement, and privilege speech).

Sec. 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.

A. WHAT IS RIGHT TO FORM ASSOCIATION?

It is the freedom to organize or to be a member of any group or association, union, or

society, and to adopt the rules which the members judge most appropriate to achieve
their purpose. With or without the above provision, it may be assumed that this right exists.
It is clear that the right to join an association includes the right to leave and cancel his
membership with said organization or to abstain from joining one.

B. WHAT ARE THE LIMITATIONS OF THIS RIGHT?

Even without the qualification, however, it is deemed to exist by virtue of the inherent
power of the State to protect and preserve its existence. But unless an association or
society could be shown to create an imminent danger to public order, public peace,
public morals, or public safety, there is no justification for abridging the right to form unions,
associations or societies.

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

WHAT IS EMINENT DOMAIN?

As discussed in Module 3, eminent domain is the right or power of the State or of those to
whom the property has been lawfully delegated to take (or expropriate) private property
for public use upon paying to the owner a just compensation to be ascertained according
to law. (Refer to Module 3 for additional readings about this)

Page 8 of 18
 Sec. 10 No law impairing the obligation of contracts shall be
passed.

A. WHAT IS THE MEANING OF OBLIGATION OF A C ONTRACT?

It is the law or duty which binds the parties to perform their agreement according to its
terms or intent, if it (agreement) is not contrary to law, morals, good customs, public
order, or public policy. A contract which is entitled to protection against impairment must
be a valid one. Note that marriage is more than a mere contract; it is a status. Hence, it
is outside of the c ontemplation of the c onstitutional provision.

B. WHAT IS THE PURPOSE OF NON-IMPAIRMENT?

The prohibition is intended to protect creditors, to assure the fulfillment of lawful promises,
and to guard the integrity of contractual obligations. Business problems would arise if
contracts were not stable and binding and if the legislature can pass a law impairing an
obligation entered into legally.

Sec. 11 Free a cc ess to the c ourts and quasi-judicial bodies and

adequate legal assistance shall not be denied to any person by
reason of poverty.

A. WHAT IS RIGHT TO FREE ACCESS TO COURTS AND QUASI-JUDICIAL BODIES?

The guarantees of due process and equal protection of the laws 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, the prevention and redress of wrongs, and the enforcement of
contracts. But such guarantees are futile if persons are prevented from going to courts on
account of their poverty. Within this category may be mentioned the low-paid employees,
domestic servants and laborers who, to collect their small salaries and wages, might have
to go to court and yet are without means to pay filing or sheriffs fees and attorney's
fees

B. WHAT IS RIGHT TO ADEQUATE LEGAL ASSISTANCE?

The State has also the constitutional duty to provide free and adequate legal assistance to
citizens when by reason of indigence or lack of financial means, they are unable to
engage the services of a lawyer to defend them or to enforce their rights in civil, criminal,
or administrative cases. This is the reason why we have Public Attorney’s Office.

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 Sec. 12 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…

A. WHAT ARE THE RIGHTS UNDER INVESTIGATION?

Called Miranda Rights. 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, solitary, incommunicado, or other similar forms of
detention.

B. WHAT IS THE PURPOSE FOR THOSE RIGHTS?

The provision emphasizes on the duty of law enforcement officers to treat properly and
humanely those under investigation. It recognizes the fact that the environment in custodial
investigations is psychologically if not physically coercive in nature, so that law enforcers
should be reminded of the sanctity of individual rights and the limitations on their means of
solving crimes. In fact, as far as the present provision is concerned, the “presumption of
regularity” of official acts and the behavior of police or prosecution is not observed if the
person under investigation was not informed.

C. WHAT ARE THE EFFECTS OF VIOLATION OF THE RIGHTS?

To give force and meaning to the constitutional provision, any confession obtained in
violation of any of the above rights is declared inadmissible in evidence before any
proceeding and violators· shall be subject to penal and civil sanctions to be provided by
law. For humanitarian reasons, such law to be enacted by Congress shall provide
compensation for and rehabilitation of victims of torture or similar practices, and their
families.

D. IS IT POSSIBLE TO HAVE EXTRAJUDICIAL CONFESSION?

Extrajudicial confession refers to a confession or admission of guilt made outside (extra) the
court (judicial). It is a critical area of study in Constitutional Law. With respect to the present
provision, it refers to a confession given during a custodial investigation, which is not
judicial in nature. Under the Miranda Rights, a person may waive his right to remain silent
and admit the charge against him because anything that he says may be used against
him. However, the waiver or confession must be valid to be admissible as evidence
against him.

For an extrajudicial confession to be valid and admissible as evidence in court,Page

it must be:
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(a) voluntary; (b) made in the assistance of a competent and independent counsel; (c)
express; and (d) in writing.
E. WHAT IS THE DIFFERENCE OF INVOLUNTARY CONFESSION AND EXTRAJUDICIAL
CONFESSION?

Involuntary confession is an admission, especially by an individual who has been accused

of a crime, that is not freely offered but rather is precipitated by a threat, fear, torture, or
a promise. There are two kinds of involuntary confession: (a) confession through coercion;
and
(b) confession without being informed of the Miranda rights. Both forms are invalid and
cannot be admitted as evidence against the confidant, the confession considered as a
fruit of a poisonous tree. Extrajudicial confessions must be given voluntarily.

Sec. 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 securities, or be released on
rec ognizanc e as may be provided by law…

A. WHAT IS BAIL?

Refers to the security given for the temporary release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any court as
may be required. For instance, a person arrested and detained for the offense of
homicide may post a bond for his temporary release on the condition that he will appear
in the court during the trial or when the court so requires.

B. WHAT IS THE PURPOSE OF BAIL?

Probational release through bail is corollary to the right to be presumed innocent and a
means of immediately obtaining liberty. During the duration of release, the accused is
given the chance to prepare his defense, and thus level the playing field for the parties.
Worth emphasizing is the reason why those charge with offenses punishable by reclusion
perpetua and against whom evidence of guilt is strong, are not allowed to bail. Under
such circumstances, there is improbability of appearance, and bail merely becomes an
instrument of evading the law.

C. WHO MAY INVOKE THE RIGHT TO BAIL?

The right to bail is available to any person arrested, detained, or otherwise deprived of his
liberty, whether or not an information (criminal complaint) has been filed against him.

1. It cannot be invoked where the applicant is not yet in custody of the law because he
went into hiding and is at large, and hence, 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 inc ongruous to grant bail to one who is free.
2. It is also not available to one charged with capital offense or an offense punishable by
reclusion perpetua, life imprisonment, or death if the evidence of his guilt is strong. The
judge, however, has no authority to deny bail without taking into account the evidence
presented, at the time the accused applied for bail, as to his guilt. There must be a
hearing.

Page 11 of 18
 Even when evidence of guilt is strong, bail may be granted where there is no probability
that the defendant would flee rather than face the verdict of the court, or after
conviction, on humanitarian ground where the life or health of the convict may be
endangered by continued confinement pending appeal.
3. Under the Rules of Court, "no bail shall be allowed after the Judgment has become
final, or after the acc used has c ommenc ed to serve sentenc e.”

Sec. 14 No person shall be held to answer for a criminal offense

without due proc ess of law…

A. WHAT IS DUE PROCESS IN CRIMINAL CASES?

The provision refers to due process in criminal cases. As to its procedural aspect, criminal
due process requires that:
1. The acc used is brought into a c ourt of c ompetent jurisdiction;
2. He is notified of the c ase;
3. He is given the opportunity to be heard; and
4. There is a valid judgment deliberated and rendered by the court.

B. WHAT ARE THE RIGHTS OF THE ACCUSED DURING A TRIAL?

5. Right to be presumed innoc ent until the c ontrary is proved;

6. Right to be heard by himself and c ounsel;
7. Right to be informed of the nature and cause of the accusation against him;
8. Right to have a speedy, impartial, and public trial;
9. Right to meet the witnesses fac e to fac e; and
10.Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.

C. WHAT IS RIGHT TO PRESUMPTION OF INNOCENCE

The right refers to the constitutional guarantee that the accused should be treated as if
innocent until he is proven guilty beyond reasonable doubt. It has the following purposes:

11.A safeguard against false conviction - this presumption of innocence is a guarantee

that no person shall be convicted of a crime except upon confession or unless his guilt
is established by proof beyond reasonable doubt which is more than just a
preponderance of evidence sufficient to win in a civil case. Its purpose is to balance
the scales in what would otherwise be an uneven contest between the lone individual
pitted against the government and all the resources, authority and influence at its
command.
12.Requirement of proof of guilt beyond reasonable doubt - the burden of proof in a
criminal proceeding upon the prosecution. Its evidence must be strong enough to
convince the 'court that the accused is clearly and unmistakably guilty, not because he
cannot prove that he is innocent, but because it has proved that the accused is guilty
beyond reasonable doubt.

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D. WHAT IS RIGHT TO BE HEARD?

The right to be heard is the heart of criminal due process. Basically, it refers to all the
mechanisms afforded to the accused during the criminal proceedings. It is a safeguard
against prejudicial and partial judgments by the courts, as well as a guarantee that the
accused be given an opportunity to participate during trial in defense of himself. It includes
three specific rights:

1. the right to present evidence and to be present at the trial;

2. the right to be assisted by c ounsel; and
3. the right to compulsory process to compel the attendance of witnesses in his behalf.

E. WHAT IS RIGHT TO SPEEDY, IMPARTIAL, AND PUBLIC TRIAL?

1. Right to Speedy Trial - it is based on the maxim that “justice delayed is justice denied.”
Unreasonable delays may result to a prolonged suffering of an innocent accused or an
evasion of justice by a truly guilty person. It offends not just the accused but also the
State, inasmuch as what is at stake is the speedy, inexpensive, and orderly
administration of justice. Undue postponements not only deplete the funds of the
defense but also of prosecution.
2. Right to Impartial Trial - primarily requires that the judge who sits in the case must
be
objective and renders a decision based on the cold neutrality of the evidence
presented. For instance, a judge who is hostile to the accused based on his comments
and utterances, or who is substantially swayed by the prejudicial publicity of the case,
is a partial judge and must be inhibited from the case.
3. Right to Public Trial - demands that the proceedings be conducted in such a way that
the public may know what transpires during the trial. It is not necessary that the entire
public
can witness the proceedings; it is enough that the relatives and friends of the interested
parties are accommodated in the trial venue. In fact, the court is allowed under the
rules to order the public to leave the premises of the court room in interest of morality
and order.

F. WHAT IS RIGHT TO MEET THE WITNESSES FACE-TO-FACE?

The right to confrontation enables the accused to test the credibility of the witnesses. The
right is reinforced under the rules of criminal procedure by the so-called cross-examination.
Cross- examination is conducted after the presentation and direct examination of
witnesses by the opposing side. Both parties are allowed to test the veracity of the
testimonies presented by the other.
Sec. 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.

A. WHAT IS THE MEANING OF WRIT OF HABEAS CORPUS?

It is the requirement that an arrested person be brought before a judge or court before
being detained or imprisoned. It is a protec tion against illegal detention.

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B. WHAT IS THE PURPOSE OF THE WRIT?

It has for its purpose to inquire into all manner of involuntary restraint or detention as
distinguished from voluntary and to relieve a person therefrom if such restraint is found
illegal. The writ is the proper remedy in each and every case of detention without legal
cause or authority. ITs principal purpose then is to set the individual at liberty.

C. WHAT IS HAPPENS IN THE SUSPENSION OF WRIT IN CASES OF INVASION OR REBELLION?

While the person detained must still be produced in court, the official or person detaining
him may ask the court not to continue the proceeding any further as the privilege of the
writ as to that particular person seeking release has been suspended.

Unlike in cases where the privilege of the writ is available and in full force and effect, the
judge thus may be prevented in the event of suspension from determining whether or not
the detention is authorized by law. But the Supreme Court is empowered to inquire, in an
appropriate proceeding filed by any citizen, whether or not there was factual basis to
justify the suspension by the President of the privilege.

Sec. 16 All persons shall have the right to a speedy disposition of

their cases before all judicial, quasi-judicial, or administrative
bodies.

A. WHAT IS THE MEANING OF DISPOSITION OF CASES?

It is the court's final determination of a lawsuit or criminal charge, or the final outcome of
a case or persecution.

B. WHAT IS THE ESSENCE OF A SPEEDY DISPOSITION OF CASES?

As enshrined in the constitution, it is vital to have speedy disposition as the long delay
creates mistrust of the government itself and this may pave the way to one’s taking the
law into his own hands to the great detriment of the society. The observance of the
speedy disposition enhances people’s respect for the law and faith in the government.

Sec. 17 No person shall be compelled to be a witness against

himself.

A. WHAT IS RIGHT AGAINST SELF-INCRIMINATION?

This is a protection against compelling a person to be a witness against himself. The right
allows
a person not to answer an incriminating question. An incriminating question is one that if

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answered renders a person liable for an offense. However, it is only when the incriminating
question is put to a witness stand that the right may be invoked.

B. WHAT IS THE BASIS OF THE RIGHT?

The philosophy behind the constitutional guarantee is similar to the other rights of the
accused. From the very start, the accused is already in an adverse position pitted against
the entire machinery of the State. If evidence will still be taken from the lips of the
accused, it would even tilt the sc ales heavily in favor of the State.

The right is founded on public policy and humanity. Public policy demands that a person
be spared from answering incriminating questions because requiring him would likely lead
to the crime of perjury, which is basically lying to the court after having promised to tell
the truth and nothing but the whole truth. Humanity prevents extorting confession by
duress.

Sec. 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 c onvicted.

A. ESSENCE OF RIGHT AGAINST DETENTION SOLELY FOR POLITICAL BELIEFS AND

ASPIRATIONS

It is a positive declaration that within the democratic framework, the people, for example,
can freely speak of what they think is wrong with the government and its leaders, or seek
changes in the government and its policies which they believe to be necessary or the
removal of public officials unworthy of their trust. It is a guarantee that henceforth, one
can voice his contrary views and ideas about the existing political and social order, that
he can articulate his hopes and aspirations for the country, without peril to his liberty. It is a
prohibition directed to the government against having "prisoners of conscience."

B. WHAT IS THE MEANING OF INVOLUNTARY SERVITUDE?

Involuntary servitude refers to the compulsory service of another or simply modern-day

slavery. 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 inc ludes:

1. Slavery - the state of entire subjection of one person to the will of another
2. Peonage - the voluntary submission of a person (peon) to the will of another because of
his debt

C. WHAT IS THE PURPOSE AND BASIS OF RIGHT AGAINST INVOLUNTARY SERVITUDE?

The right is based on the egalitarian principle of democracy which prescribes equality of
everyone in law, and on humanity which prevents degradation of human dignity through
enforced labor. The purpose is to maintain a system of completely free and voluntary
labor by prohibiting the control by which the personal service of one is disposed of or
coerced for another's benefit which is the essence of involuntary servitude.
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 Sec. 19 (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. (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.

A. WHEN IS A FINE EXCESSIVE?

A fine is excessive when it is unreasonable and beyond the limits prescribed by law. The
amount of the fine is said to be unreasonable if the court does not take into consideration
certain standards, such as the nature of the offense, and the circumstances of the person
punished by fine. The imposed fine may never go beyond the statutory prescription,
otherwise it is unlawfully excessive.

B. WHEN IS A PUNISHMENT CRUEL?

A punishment is cruel when it is shocking to the conscience of mankind and it involves

prolonged suffering and agony to the person punished. For a penalty to violate the
constitutional guarantee, it must be so flagrant and oppressive so as to be degrading to
human dignity, and it must be unreasonably disproportionate to the nature of the offense
as to shock the senses of the community.

The mere severity of a penalty does not make the punishment cruel or inhumane, for as
long as it is within the limits provided by law. As one maxim states, “even if the law is harsh,
it is still the law (dura lex sed lex).” A penalty that is germane to purpose of the penal law
is not cruel and inhumane.

C. DO PERSONS LEGALLY DETAINED OR IMPRISON DESERVE A PROPER TREATMENT?

This constitutional guarantee recognizes the inalienability of human dignity. Even when a
person is imprisoned or detained, and even if he commits heinous crimes, he is still a person
entitled to proper treatment and protection. Paraphrasing it, the Constitution provides that
even if a person is imprisoned or detained, he must be protected against physical,
psychological, or degrading punishment, and is entitled to the use of standard or
adequate penal fac ilities under humane c onditions.

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

a poll tax.

A. WHAT IS THE MEANING OF DEBT?

Debt means any liability to pay money arising out of a contract, express or
implied.
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B. WHAT IS THE REASON FOR PROHIBITING IMPRISONMENT DUE TO DEBT?

If by reason of poverty or lack of money a person cannot pay his debt, he cannot be
imprisoned by reason thereof. The creditor only has himself to blame if he voluntarily agreed
to lend money to someone who apparently cannot pay or whom he thought could pay
but did not. Nevertheless, although the debtor cannot be imprisoned, his property may be
taken or attached by the court, and then sold at public auction in payment of his debt to
the creditor.

C. WHAT IS POLL TAX?

A poll 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. Community tax or residence tax is an example of poll tax.

D. WHAT IS THE REASON FOR PROHIBITING IMPRISONMENT DUE TO NON-PAYMENT OF POLL

TAX?

As far as poll tax is concerned, non-payment is not punished by the government in

consideration of the plight of the poor who cannot even afford to pay it. Poverty could
never be a reason for a person’s imprisonment. It must be emphasized, however, that as
regards other forms of taxes, non-payment may be a cause of imprisonment. Failure to
pay income taxes is considered a crime (tax evasion), and punishable under the law by
imprisonment.

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
prosec ution for the same ac t.

A. WHAT IS RIGHT AGAINST DOUBLE JEOPARDY?

Double jeopardy means that a person is twice put at the risk of conviction for the same
act or offense. The right against double jeopardy therefore means that a person can only
be indicted or charge once by a competent court for an offense. When a person, for
instance, has been charged of homicide and the court acquitted him of the case, he
can no longer be prosecuted for the same offense or act. He can now invoke his right
against double jeopardy.

B. IS THERE A CHANCE THAT THIS RIGHT CANNOT BE INVOKED OR USED?

The right cannot be invoked where a petition for a declaration of a mistrial is granted on
the ground that the proceedings have been vitiated by lack of due process, e.g. the
prosecution and the judge who tried and decided the case acted under the compulsion
of some pressure which proved to be beyond their capacity to resist and which not only
prevented the prosecution from offering all the evidences which it would have otherwise
presented, but also predetermined the final outcome of the case. A re-trial becomes
necessary.

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C. RIGHT TO APPEAL IN CRIMINAL CASES

The government has no right to appeal from a judgment of acquittal. The accused, after
having been convicted, may appeal to a higher court, but the latter may raise the penalty
imposed 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.

A. WHAT IS EX POST FACTO LAW?

An ex post facto law is a law that operates retroactively. If a law is retroactive, makes
criminal an act done before the passage of the law which was innocent when done, and
punishes such an act.

B. WHY PROHIBIT EX POST FACTO LAW?

One of the characteristics of criminal law is “prospectivity” in which only crimes committed
after the enactment of a penal are punishable. It cannot retroact and punish acts which
were not yet criminalized before its passage. The basic rule is that before an act may be
considered an offense or crime, it must first be defined as a crime and a penalty must be
imposed for it under a law passed by the legislative body.

An act therefore is not a crime if there is no law punishing it. In the same vein, a person
does not commit a crime, no matter how apparently illegal it is, if there is no law defining
and punishing it. It is for this reason that an ex post facto law is not allowed because it
criminalizes what was not yet a c rime during its c ommission.

C. WHAT IS BILL OF ATTAINDER?

It is legislative act which inflicts punishment without trial.

D. WHY PROHIBIT BILL OF ATTAINDER?

The prohibition against bill of attainder is an implementation of the principle of separation of

powers. The legislature cannot bypass the judiciary by enacting a law that punishes an act
without need of judicial proceedings. The legislative department should be confined to its
law- making function; it cannot encroach the authority of the courts by prescribing a law
that direc tly adjudges guilt without judicial determination.

REFERENCE:
 De Leon, H.S. (2015). Philippine Constitution. Quezon City, Philippines. Rex Printing Company,
Inc.

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