Article III - Bill of Rights

PS 100
Political Science
&
Philippine Constitution
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
POLITICAL SCIENCE 100
Politics & Philippine Constitution
PS 100
Political Science
&
Philippine Constitution
ARTICLE III
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
BILL OF RIGHTS
CONCEPT OF A BILL OF RIGHTS

MEANING OF A BILL OF RIGHTS
A BILL OF RIGHT
- a declaration and enumeration of a persons rights and
privileges which the Constitution is designed to protect
against violations by the government, or by an
individual or group of individuals.
- a charter of liberties for the individual.
- a limitation upon the power of the State.

INHERENT POWERS OF STATE/GOVERNMENT
1. POLICE POWER
- The power of the State to enact such laws or
regulations in relations to persons and property as may
promote public health, public morals, public safety, and
general welfare and convenience of the people.
- The inherent and plenary power of the State which

enables it to inhibit all things hurtful to the comfort,
safety and welfare of society.

1. POLICE POWER
- Basis:
Salus populi est suprema lex: The welfare of the
people is the supreme law.
Sic utere tuo ut alienum non laedas: So use your

own as not to injure anothers property.
- Illustrations of Police Power Laws
Laws on Public Health
Laws on Public Morals
Laws on Public Safety
Laws on General Welfare and Convenience

2. POWER OF TAXATION
- Meaning:
The power of the State to impose charge or burden upon

persons, property, or property rights, for the use and support
of the government and to enable it to discharge its
appropriate functions.
- Theory and Basis of Taxation.
Taxes are the lifeblood of the

government and their prompt and certain availability is an
imperious need.
Lifeblood Theory -

2. POWER OF TAXATION.
- Theory and Basis of Taxation.
Necessity Theory the existence of government is a

necessity; that is cannot continue without means to pay its
expenses; and that for those means it has the right to
compel all citizens and property within its limits to contribute.
Benefits-protection Theory (Symbiotic Relationship) This

principle serves as the basis of taxation and is founded on
the reciprocal duties of protection and support between the
State and its inhabitants.

2. POWER OF TAXATION.
- Meaning of Taxes.
Taxes - are the enforced proportional contributions from

persons and property levied by the lawmaking body of the
State by virtue of its sovereignty for the support of the
government and all public needs.
Taxes are the financial burdens or charges imposed by the

government upon persons or property to raise revenue for
public purpose or purposes.

3. POWER OF EMINENT DOMAIN ( EXPROPRIATION POWER).
-
Eminent Domain the right or power of the State or of those to

whom the power 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.
Essential Requisites/Conditions for its Valid Exercise. (Sec. 1 & 9,

Art. III, 1987Philippine Constitution)
Observance of Due Process of Law which requires notice to

the property owner.
Public Purpose - the taking of private property must be for
public use or benefit.
Payment of Just Compensation the payment of the fair market
value of the property at the time of the taking.

3. POWER OF EMINENT DOMAIN ( EXPROPRIATION POWER).
-
The Meaning of Taking:
Actual taking: physical seizure of the property
Constructive taking:
Destruction, impairment, or limitation of the usual and

necessary use of the property by the owner
CLASSES OF RIGHTS
1. NATURAL RIGHTS.
2. CONSTITUTIONAL RIGHTS
3. STATUTORY RIGHTS
CLASSES OF RIGHTS
1. NATURAL RIGHTS.
- They are those rights granted by the Creator to all

human beings.
- For example:
The right to life
The right to love
The right to marry.
CLASSES OF RIGHTS
2. CONSTITUTIONAL RIGHTS.
- They are those rights conferred upon the citizens by the

Constitution.
3. STATUTORY RIGHTS.
They are those rights conferred upon the citizens by virtue of a
statute or law passed by the lawmaking body and,
consequently, may be abolished by the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS

1. POLITICAL RIGHTS.
- They are such rights of the citizens which give them power to
participate, directly or indirectly, in the establishment or
administration of the government as the right to suffrage, the
right to assemble and petition, freedom of speech and of the
press.
2. CIVIL RIGHTS.
They are such 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 as the right against
involuntary servitude, the right to non-impairment of obligation
and contract, the right to non-imprisonment for non-payment of
debt or poll tax.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS

3. SOCIAL & ECONOMIC RIGHTS.
-
They are such rights which are intended to ensure the well-being
and economic security of the individual and are usually addressed
to the political organs, requiring the adoption of legislative
measures for their realization as the right to property and the right
to just compensation for private property taken for public use.
4. RIGHTS OF THE ACCUSED.

They are such rights intended for the protection of a person
accused of any crime as the right to the presumption of
innocence, the right to bail, the right to speedy, impartial and
public trial, and the right against cruel, degrading, or inhuman
punishment.
STATE AUTHORITY & INDIVIDUAL FREEDOM
1. STATE IS AN INSTRUMENT TO PROMOTE BOTH INDIVIDUAL

AND SOCIAL WELFARE..
-
The State exist for the happiness and welfare of both the individual
and the group.
It does not exist for its own glorification at the expense of the
individual nor does it exist for the best life only of the individual.
Liberty is a blessing.
Authority prevails over liberty or else anarchy will set in.
The laissez faire doctrine is no longer upheld by modern men.
2. CONFLICT BETWEEN INDIVIDUAL RIGHTS AND GROUP

WELFARE.
-
The people must be strong enough to maintain its control over the
government and the government must be strong enough to
maintain its existence and protect the interests of the people.
The State and the individual must peacefully co-exist with each
other.
3. BALANCING OF INDIVIDUAL AND GROUP RIGHTS AND

INTERESTS.
-
Both the State and the individual must strive to strike a happy
balance between individual and group rights and interests.
The exercise of absolute power by the State would be tyranny.
The exercise of absolute liberty/freedom would be anarchy.
3. THE ROLE OF THE JUDICIARY.

-
It adjudicates the disputes between and among individuals and

group interest.
It acts as arbiters / fiscalizers of the limits of governmental powers

especially in relation to individual rights.
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.
SECTION 1. RIGHT TO DUE PROCESS OF LAW &

EQUAL PROTECTION OF THE LAW
SOME TERMS TO UNDERSTAND.
1. Life means something more than mere animal existence. It extends
to all the limbs and faculties by which life is enjoyed.
2. Liberty denotes not merely freedom from physical restraint but
embraces also the right of man to use his faculties with which he has
been endowed by his Creator as his judgment may dictate subject
only to the limitation that he does not violate the law or the rights of
others.
3. Property 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.

4. Deprivation of Life refers not merely to the extinction of human
existence. It includes the loss of any of the various physical and
mental attributes which man must have to live as a human being.
5. Deprivation of Liberty takes place when one is unduly prevented
from acting the way he wishes to do.
6. Deprivation of Property takes place when it is taken away from
one who is entitled to it, or its value is destroyed, or its adaptability to
some particular use, or its capability for enjoyment is impaired.
7. Equal Protection of the Law signifies that all persons subject to
legislation should be treated alike, under like circumstances and
conditions both in the privileges conferred and liabilities imposed.

4. Deprivation of Life: capital punishment or death penalty
5. Deprivation of Liberty: detention and imprisonment
6. Deprivation of Property:
Fine
Damages
Forfeitures
Revocation of license or franchise
Confiscation of property through eminent domain
Attachment
Garnishment

7. DUE PROCESS OF LAW is a law which hears before it
condemns, which proceeds upon inquiry, and renders

judgment only after trial.
It means essentially a fair and impartial trial and
reasonable opportunity for the preparation of the defense.

SCOPE OF PROTECTION.
1. Natural Person embraces all persons within the

territorial jurisdiction of the Philippines, without regard to
any differences of race, color or nationality, including
aliens.
2. Juridical Persons refer to private corporations
established or created by law, but only in so far as their
property is concerned.

ASPECTS OF DUE PROCESS OF LAW
1. Substantive Due Process of Law requires that the

taking of life, liberty or property must be authorized by a
valid law.
2. Procedural Due Process of Law requires that the
taking of life, liberty or property must be done only
according to the procedures prescribed by a valid law.
A valid law is one within the power of the law-making body
to enact which must be in conformity with the provisions
of the Constitution.

STEPS IN CRIMINAL PROCEDURE
1. ARREST. For the court to acquire jurisdiction

(authority over the person of the accused).
2. FILING OF INFORMATION (Criminal Complaint)
which stipulates the nature and cause of the
accusations against the accused.
3. ARRAINGMENT.
a. The accused is furnished with a copy of the
information.
b. The information is read in the open court.
c. The accused is asked to enter the plea of guilty or
not guilty.

STEPS IN CRIMINAL PROCEDURE
4. PRE-TRIAL.
Marking of evidences
Identification of the witnesses to testify
5. TRIAL.
6. JUDGMENT
Acquittal if guilt of the accused is not proved beyond
reasonable doubt.
Conviction is guilt of the accused is proved beyond
reasonable doubt.
7. EXECUTION

PROCEDURAL DUE PROCESS
1. JUDICIAL PROCEEDINGS those that are conducted

before courts of justice.
2. ADMINISTRATIVE PROCEEDINGS those that are
heard by quasi-judicial bodies that are empowered to
render decisions or judgments in appropriate cases falling
under their respective jurisdictions.
Jurisdiction the power or authority to hear and decide a
controversy.

JUDICIAL PROCEEDINGS
1. An impartial court clothed by law with authority to

hear and determine the matter before it.
2. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of
the proceeding.
3. Opportunity to be heard given the defendant.
4. Judgment to be rendered after lawful hearing.

ADMINISTRATIVE DUE PROCESS
1. Jurisdiction to hear and decide a controversy is explicitly

or impliedly conferred by law.
2. Jurisdiction lawfully acquired over the person of the
respondent or property which is the subject matter of the
proceeding.
3. The right to notice and hearing is expressly and
specifically required by law, otherwise it is dispensed
with.
4. Judgment to be rendered on the evidence presented at the
hearing, or at least contained in the record and disclosed
to the partied affected.

1. Equal Protection of the Law Defined.

signifies that all persons subject to legislation should
be treated alike, under like circumstances and
conditions both in the privileges conferred and
liabilities imposed.
prohibits class legislation which discriminates against
some and favors others when both are similarly
situated or circumstanced.

2. Reasonable Classification Permitted.
Foreign corporations are made to pay higher amount of

taxes than that paid by domestic corporations
Certain professions are limited to persons of the male sex.

Certain privileges for leaves and shorter hours of labor are
extended to women are not extended to men.
SEC. 2. RIGHT AGAINST UNREASONABLE

SEARCHES & SEIZURES
SEC. 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.

SEARCHES & SEIZURES
DEFINITION OF TERMS
1. SEARCH WARRANT is an order in writing, issued in the

name of the People of the Philippines, signed by a judge a
directed to a peace officer, commanding him to search for
personal property and bring it before the court. (Sec. 1, Rule
126, Rules of Court).
2. WARRANT OF ARREST is an order in writing, issued in the

name of the People of the Philippines, signed by a judge a
directed to a peace officer, commanding him to take a person
into custody in order that he may be bound to answer for the
commission of an offense. (Sec. 1, Rule 113, Rules of Court).

SEARCHES & SEIZURES
SCOPE OF THE GUARANTEE OR 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.

SEARCHES & SEIZURES
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT
OF ARREST
1. It must be issued upon probable cause;
2. The probable cause must be determined personally by the
judge himself,
3. Such determination of the existence of probable cause must
be made after examination by the judge of the complainant
and the witnesses he may produce; and
4. The warrant must particularly describe the place to be
searched, and the persons or things to be seized.
N.B.: The law prohibits the issuance of a search warrant for more
than one specific offense.

SEARCHES & SEIZURES
MEANING OF PROBABLE CAUSE
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.
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.

SEARCHES & SEIZURES
WARRANTLESS SEARCHES
1. Where there is consent or waiver.
2. Where search is an incident to a lawful arrest.
3. Where search is made in a moving vehicle.
4. Where search is made in plain view.
5. Where search is made in the exercise of the police power of
the State.
6. Where search is made in the enforcement of customs and

immigration laws.
7. Where search is made in stop and frisk conducted at military or
police checkpoints.

SEARCHES & SEIZURES
WARRANTLESS ARREST (Sec. 5, Rule 113, Rules of Court)
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.
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.
SEC. 3. RIGHT TO PRIVACY OF COMMUNICATION

& CORRESPONDENCE
SEC. 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.

& CORRESPONDENCE
Right of Privacy is the right of a person to be free

from unwarranted publicity, and as the right to live
without unwarranted interference by the public in
matters with which the public is not necessarily
concerned.
Scope of Protection.
Letters and Messages
Telephone Calls, Telegraphs and the like.

& CORRESPONDENCE
ALLOWABLE INTRUSION OF THE RIGHT TO PRIVACY
OF COMMUNICATION AND CORRESPONDENCE
The intrusion by the State of the individuals right to
privacy of communication and correspondence may
be made:
1. Upon lawful order of the court.
2. When the intrusion is required by public safety
or order as prescribed by law.

& CORRESPONDENCE
EXCLUSIONARY RULE one where any evidence
obtained by the government in violation of the right
against unreasonable search and seizure and the
right of privacy and communication and
correspondence is inadmissible for any purpose in
any proceeding. (Sec 4[2]).
SEC. 4. RIGHT TO FREEDOM OF EXPRESSION
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.
1. Speech, or Expression is the body and soul of man

without which his existence becomes empty and
meaningless. It includes any form of oral utterances. It
covers picketing (for by it one silently expresses what he
has in mind), display of a flag, and salute to the flag. It also
embraces expression by means of motion picture.
2. Press covers every sort of publication: newspapers,
periodicals, magazines, books, leaflets, etc. Radio and
television as instruments of mass communications may
also be included within its term.
3. Freedom of Expression is a broad area covering

the entire gamut of human affairs. The use of
symbols, signals, signs, pictures, movements, or
any mode of conveying ones thoughts or views,
including the right to remain silent.

SCOPE OF FREEDOM OF EXPRESSION.
1.
Right to Free Speech and Free Press implies the right to

freely utter and publish whatever the citizen may please
and to be protected against any responsibility for so
doing except so far as such publication from their
blasphemy, obscenity, or scandalous character may be
a public offense (namely, oral defamation or libel) or by
their falsehood and malice they may injuriously affect
the standing reputation or pecuniary interest of an
individual.

SCOPE OF FREEDOM OF EXPRESSION.
1.
Right to Assembly and Petition.

a. The Right of Assembly the right on the part
of the citizens to meet peaceably for
consultation in respect to public affairs.
b. The Right of Petition 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.

PURPOSES OF THE RIGHT TO FREEDOM OF EXPRESSION.
1. To protect the parties in the free publication of matters of
public events and public measures.
2. To enable every citizen at anytime to bring the
Government and all persons in authority to the bar of
public opinion by any just criticism upon their conduct in
the exercise of their authority conferred upon them by
the people.
3. To guard against repressive measures by the several
departments of the government.

TWO ASPECTS OF THE RIGHT TO FREEDOM OF
EXPRESSION
1. Freedom of Prior Restraint or Censorship is a
curtailment of the freedom of expression and of the
press made through restrictions or conditions in advance
of actual publication or dissemination.
2. Freedom from Subsequent Punishment refers to the
freedom from any punishment as a consequence of or in
connection with a speech, utterance or writing.
SEC. 5. RIGHT TO RELIGIOUS FREEDOM
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.
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 ones views of his relations
to his Creator, and to the obligations they
impose or reverence to His being and
character and of obedience to His will.
Religious Freedom is the right of a man to worship

God, and to entertain such religious views as appeal
to his 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.
TWO ASPECTS OF THE RIGHT TO RELIGIOUS FREEDOM

1. Freedom to Believe in a Religion. This aspect is an
absolute right insofar as religious belief by itself cannot in
any degree public interest.
2. Freedom to Act in Accordance with such Belief. This
aspect cannot be absolute insofar as human conduct
remains subject to regulation and even prohibition for
the protection of society.
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.
SEC. 6. RIGHT TO LIBERTY OF ABODE & TRAVEL
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 the right of a person to have his

home in whatever place chosen by him and
thereafter to change it at will.
VIOLATIONS OF THE RIGHT TO LIBERTY OF ABODE

1. Unlawful Detainer the possession of abode was lawful
at the beginning by virtue of a contract but became
unlawful by reason of the expiration of the contract.
2. Forcible Entry the possession of abode was illegal at the
beginning because the entry was made through the use of
force and malice.
LIMITATION TO LIBERTY OF ABODE

1. Court Order of Eviction.
2. Court Order of Demolition.

LIBERTY OF TRAVEL
the right of a person to go where he pleases without
interference from any source.
LIMITATIONS TO THE RIGHT TO TRAVEL
The right to travel can be restricted by the State on the

following situations:
1. National security.
2. Public safety.
3. Public health.
SEC. 7. RIGHT TO INFORMATION
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.
SEC. 7. RIGHT TO INFORMATION

RIGHT TO INFORMATION
The right of any citizen and alien, to some extent, to

obtain information on matters of public concern, and
of access to official records and documents.
LIMITATIONS OF THE RIGHT TO INFORMATION

1. Private documents are not covered.
2. Classified information involving national security.
SEC. 8. RIGHT TO ASSOCIATION
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 ASSOCIATE

A right that flows from the right to freedom of
expression which is intended to encourage the
formation of voluntary associations so that
through the cooperative efforts of individuals,
the welfare of the nation may be advanced
and the government may thereby receive
assistance in its ever-increasing public service
activities.
ESSENTIAL REQUISITE
The purpose of the association shall not be
contrary to law.
SEC. 9. THE RIGHT AGAINST UNREASONABLE

TAKING OF PRIVATE PROPERTY
Section 9. Private property shall not be taken for

public use without just compensation.
* Discussed in slides 9 and 10.
SEC. 10. RIGHT TO NON-IMPAIRMENT OF

CONTRACTS
Section 10. No law impairing the obligation of

contracts shall be passed.

CONTRACTS
IMPAIRMENT
Anything that diminishes the efficacy of the contract.
OBLIGATION
The juridical necessity to give, to do, or not to do.
CONTRACT
The meeting of minds between persons whereby one

binds himself with respect to the other to give
something or to render service.

CONTRACTS
IMPAIRMENT OF OBLIGATION OF CONTRACT
Impairment of Obligation of Contract

when:
takes place
1. A party is deprived of the benefits of his contract.

2. The statute takes from the party his whole
contract and all rights which it was intended to
confer.
3. The statute alters its terms by imposing new
conditions or dispensing any part of the contract
or substantially defeats its ends.

CONTRACTS
IMPAIRMENT OF OBLIGATION OF CONTRACT
2012
JOHN BORROWED PHP 100,000 FROM JEAN.

PAYABLE IN 3 YEARS WITH SIMPLE INTEREST RATE OF 20%
PER ANNUM
2013
= INTEREST
20,000
= 2,000
LAW REDUCED INTEREST RATE TO 2%/A

2014
= INTEREST
20,000
2015 = INTEREST
:
20,000
-------------------------------------------------------= TOTAL INTEREST :
60,000
+ PRINCIPAL
:
100,000
-------------------------------------------------------= TOTAL
:
160,000
= 2,000
= 2,000
-------------= 6,000
100,000
------------= 106,000
SEC. 11. RIGHT TO ADEQUATE LEGAL

ASSISTANCE
Section 11. Free access to the courts and quasijudicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
SEC. 11. RIGHT TO ADEQUATE LEGAL

ASSISTANCE
Legal Assistance covers payment of docket fees, legal

documents and the services of counsel.
Indigent Party one who has no sufficient means of support

for himself and his family.
Counsel De Oficio a lawyer appointed by the court to
defend the cause of an indigent party.
SEC. 12. RIGHT OF PERSONS UNDER CUSTODIAL

INVESTIGATION
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.
SEC. 12. RIGHTS OF PERSON UNDER CUSTODIAL

INVESTIGATION
CUSTODIAL INVESTIGATION
It includes:
1. The practice of investigating a person who is under
arrest or has been under custody of the law;
2. The practice of issuing an invitation to a person

who is investigated in connection with an offense
he is suspected to have committed.

INVESTIGATION
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHT TO BE INFORMED:
a. OF ONES RIGHT TO REMAIN SILENT; AND
b. OF ONES RIGHT TO HAVE A COMPETENT AND
INDEPENDENT COUNSEL PREFERABLY OF HIS CHOICE.

INVESTIGATION
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHT TO BE INFORMED:
CANNOT BE WAIVED OR GIVEN UP

INVESTIGATION
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHTS:
a. TO REMAIN SILENT; AND

b. TO HAVE A COMPETENT AND INDEPENDENT COUNSEL
PREFERABLY OF HIS CHOICE.
CAN BE WAIVED OR GIVEN UP!

INVESTIGATION
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHTS:
a. TO REMAIN SILENT; AND
b. TO HAVE A COMPETENT AND INDEPENDENT COUNSEL
PREFERABLY OF HIS CHOICE.
REQUISITES FOR THEIR VALID WAIVER:
1. The waiver must be in writing.
2. The waiver must be signed in the presence of
counsel preferably of the choice of the person
who makes the waiver.

INVESTIGATION
RIGHTS PROTECTED
2. THE RIGHT AGAINST THE USE OF TORTURE, FORCE,
THREAT, INTIMIDATION OR ANY OTHER MEANS.
3. THE RIGHT AGAINST SECRET DETENTION, SOLITARY,
INCOMMUNICADO, OR OTHER SIMILAR FORMS OF
DETENTION.
4. THE RIGHT OF VICTIMS OF TORTURE OR SIMILAR

PRACTICES AND THEIR FAMILIES TO COMPENSATION AND
REHABILITATION.

INVESTIGATION
EXCLUSIONARY RULE
Any admission or confession obtained in
violation of the Rights under custodial
investigation shall be inadmissible in evidence
in court proceedings.
SEC. 13. THE RIGHT TO BAIL
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
THE SECURITY GIVEN FOR THE RELEASE OF THE

PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM
OR A BONDSMAN, CONDITIONED UPON HIS
APPEARANCE BEFORE ANY COURT AS MAY BE
REQUIRED.
KINDS OF BAIL
1. CASH BOND/DEPOSIT.
2. PROPERTY BOND.
3. SURETY BOND. THE BONDSMAN GUARANTEES THE
APPEARANCE OF THE ACCUSED DURING THE TRIAL.

KINDS OF BAIL
1.
2.
3.
4.
CASH BOND/DEPOSIT.
PROPERTY BOND.
SURETY BOND.
RECOGNIZANCE. A FORM OF BAIL WHEREBY THE
ACCUSED IS PLACED UNDER THE CUSTODY OF A
RESPECTABLE MEMBER OF THE COMMUNITY AND
WHO WILL GUARANTEE THE APPEARANCE OF THE
ACCUSED DURING THE TRIAL, OR THE ACCUSED
RENDERS VOLUNTARY SERVICE AS MAY BE
DETERMINED BY THE COURT.

TABLE OF PENALTIES AND THEIR RESPECTIVE PERIODS
PENALTY
PERIOD
DEATH
NOT APPLICABLE
RECLUSION PERPETUA
20 YEARS AND 1 DAY TO 40 YEARS
RECLUSION TEMPORAL
PRISION MAYOR
PRISION CORRECCIONAL
6 MOS. AND 1 DAY TO 6 YEARS
ARRESTO MAYOR
1 MO. AND 1 DAY TO 6 MOS.
ARRESTO MENOR
1 DAY TO 30 DAYS
1. THE RIGHT TO BAIL IS A MATTER OF RIGHT WHEN THE

OFFENSE COMMITTED IS PUNISHABLE BY RECLUSION
TEMPORAL, PRISION MAYOR, PRISION CORRECCIONAL,
ARRESTO MAYOR AND ARRESTO MENOR.

TABLE OF PENALTIES AND THEIR RESPECTIVE PERIODS
PENALTY
PERIOD
DEATH
NOT APPLICABLE
RECLUSION PERPETUA
RECLUSION TEMPORAL
PRISION MAYOR
PRISION CORRECCIONAL
6 MOS. AND 1 DAY TO 6 YEARS
ARRESTO MAYOR
1 MO. AND 1 DAY TO 6 MOS.
ARRESTO MENOR
1 DAY TO 30 DAYS
2. THE RIGHT TO BAIL IS STILL A MATTER OF RIGHT WHEN THE

OFFENSE COMMITTED IS PUNISHABLE BY RECLUSION
PERPETUA PROVIDED THAT THE EVIDENCE OF GUILT OF THE
ACCUSED IS NOT STRONG.

Article III - Bill of Rights

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Article III - Bill of Rights

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PS 100

POLITICAL SCIENCE 100

Politics & Philippine Constitution

Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.

CONCEPT OF A BILL OF RIGHTS

- a charter of liberties for the individual.

- a limitation upon the power of the State.

CONCEPT OF A BILL OF RIGHTS

- The inherent and plenary power of the State which

CONCEPT OF A BILL OF RIGHTS

Sic utere tuo ut alienum non laedas: So use your

CONCEPT OF A BILL OF RIGHTS

The power of the State to impose charge or burden upon

- Theory and Basis of Taxation.

Taxes are the lifeblood of the

CONCEPT OF A BILL OF RIGHTS

Necessity Theory the existence of government is a

Benefits-protection Theory (Symbiotic Relationship) This

CONCEPT OF A BILL OF RIGHTS

Taxes - are the enforced proportional contributions from

Taxes are the financial burdens or charges imposed by the

CONCEPT OF A BILL OF RIGHTS

Eminent Domain the right or power of the State or of those to

Essential Requisites/Conditions for its Valid Exercise. (Sec. 1 & 9,

Observance of Due Process of Law which requires notice to

CONCEPT OF A BILL OF RIGHTS

The Meaning of Taking:

Actual taking: physical seizure of the property

Destruction, impairment, or limitation of the usual and

- They are those rights granted by the Creator to all

- They are those rights conferred upon the citizens by the

CLASSIFICATION OF CONSTITUTIONAL RIGHTS

CLASSIFICATION OF CONSTITUTIONAL RIGHTS

4. RIGHTS OF THE ACCUSED.

STATE AUTHORITY & INDIVIDUAL FREEDOM

1. STATE IS AN INSTRUMENT TO PROMOTE BOTH INDIVIDUAL

STATE AUTHORITY & INDIVIDUAL FREEDOM

2. CONFLICT BETWEEN INDIVIDUAL RIGHTS AND GROUP

STATE AUTHORITY & INDIVIDUAL FREEDOM

3. BALANCING OF INDIVIDUAL AND GROUP RIGHTS AND

The exercise of absolute power by the State would be tyranny.

The exercise of absolute liberty/freedom would be anarchy.

STATE AUTHORITY & INDIVIDUAL FREEDOM

3. THE ROLE OF THE JUDICIARY.

It adjudicates the disputes between and among individuals and

It acts as arbiters / fiscalizers of the limits of governmental powers

No person shall be deprived of

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

condemns, which proceeds upon inquiry, and renders

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

1. Natural Person embraces all persons within the

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

1. Substantive Due Process of Law requires that the

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

1. ARREST. For the court to acquire jurisdiction

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

1. JUDICIAL PROCEEDINGS those that are conducted

SECTION 1. RIGHT TO DUE PROCESS OF LAW &

1. An impartial court clothed by law with authority to