ARTICLE III BILL OF 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.
BILL OF RIGHTS
The Bill of rights is a guarantee that there are certain areas of a persons life,
liberty and property which governmental power may not touch.

The Bill of rights is a declaratory of fundamental principles and of the basic rights
of citizenship.
It enumerates some of the private and inalienable rights of the people, and it has
been said that the rights protected by the Bill of Rights are those that inhere in
the great and essential principles of liberty and free government.
The rights in the Bill of Rights are sometimes referred to as natural laws and as
being founded on natural right and justice.
Any governmental action in violation of the rights declared in the Bill of Rights is
void, so that the provisions of a Bill of Rights are self executing to this extent;
however, the legislature may enact laws to protect and enforce the provisions of
the Bill of Rights.
To the law of force rather than the force of law, it is necessary to remind
ourselves that certain basic rights and liberties are immutable (unchangeable)
and cannot be sacrificed to the transient needs or imperious demands of the
ruling power. The rule of law must prevail or else liberty will perish.
The provisions of the bill of rights are primarily limitations on government,
declaring rights that exist without any governmental grant, that may not be taken
away by government and that government has duty to protect.
The fundamental human rights conferred by the Constitution are not absolute.
The totality of governmental power is contained in the three (3) great powers:
police power, power of eminent domain, and power of taxation. These are
inherent powers of government. A constitution can only define and delimit them
and allocate their exercise among various government agencies.
BALANCING THE RIGHTS OF PERSONS AND POLICE POWER
For the proper defense and protection of freedom, a political institution must possess
power. Hence, government becomes the delicate art of balancing the power of government and
the freedom of the governed.
Definition of Police Power:

1)
2)
3)
4)
5)
6)
7)

Power vested in the legislature

By the Constitution
To make, ordain, and establish
All manner of wholesome and reasonable laws, statutes, and ordinances
Either with penalties or without
Not repugnant to the constitution
As they shall judge to be for the good and welfare of the commonwealth and of the subjects
of the same.

POLICE POWER
The power of promoting the public welfare by restraining and regulating the use
of liberty and property.
The power vested in the legislature by the constitution to make, ordain, and
establish all manner of wholesome and reasonable laws, statutes, and
ordinance, either with penalties or without, not repugnant to the constitution, as
they shall judge to be for the good and welfare of the commonwealth, and of the
subjects of the same.

The power of the state to regulate liberty and property for the promotion of the
general welfare.
The persons acts and acquisitions are hemmed in the police power.
It is the most essential, insistent and the least limitable of powers, extending as it
does to all the great public needs.
Police power rests upon public necessity and upon the right of the state and of
the public to self protection.
Negatively, police power is defined as that inherent and plenary (full) power in the
State which enables it to prohibit all that is hurtful to the comfort, safety, and
welfare of society. (Ermita V Mayor of Manila)
-

public health
public safety
public morals
general welfare

SCOPE OF POLICE POWER

Police power rests upon public necessity and upon the right of the State and of the
public to self protection. For this reason, its scope expands and contracts with changing
needs.
POWER OF EXPROPRIATION OR POWER OF EMINENT DOMAIN

 Enables the state to forcibly acquire private property, upon payment of just
compensation, for some intended public use.
Power of expropriation is the highest and most exact idea of property remaining
in the government that may be acquired for some public purpose through a
method in the nature of compulsory sale to the state.
The provision should be strictly interpreted against the expropriator and liberally
in favor of the property owner.
The exercise of this power is necessarily in derogation of private rights, and the
rule in that case is that the authority must be strictly construed.
Except for police power and power of taxation, only the power of expropriation
may be exercised by public and private corporations.
POWER OF TAXATION
The state is able to demand from the members of society their proportionate
share or contribution in the maintenance of the government.
Importance of taxation derives from the unavoidable obligation of the government
to protect the people and extend them benefits in the form of public projects and
services.
Right to life
The constitutional protection to life is not just a protection of the right to be alive or to the
security of ones limb against physical harm. The right to life is the right to a good life.
Right to liberty
Includes that right to exist and the right to be free from arbitrary restraint or
servitude.

The right to enjoy the faculties to which he has been endowed by his Creator,
subject only to such restraints as are necessary for the common welfare.
The chief elements to the guarantee are the right to contract, the right to choose
ones employment, the right to labor and the right to locomotion.
Not only physical liberty but also intellectual liberty.
Right to property
Protected property include all kinds of property found in the Civil Code. It has
been deemed to include vested rights.
Example:

1. The right to labor, such that an employee may not be removed without giving
due process; and
2. The right to public office.
HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY RIGHTS
The primacy of human rights over property rights are recognized. Because these
freedoms are delicate and vulnerable, as well as supremely precious in our
society and the threat of sanctions may deter their exercise almost as potently
as the actual application of sanctions, they need breathing space to survive,
permitting government regulation only with narrow specificity.
Property and property rights can be lost through prescription; but human rights
are imprescriptible. If human rights are extinguished by the passage of time, then
the Bill of Rights us a useless attempt to limit the power of government and
ceases to be an efficacious shield against tyranny of officials, of majorities, of the
influential and powerful, and of oligarchs.
Property is not a basic right. Property has an intimate relation with life and liberty.
Protection of property was a primary object of the social compact and that the
absence of such protection could well lead to anarchy and tyranny.
Property is an important instrument for the preservation and enhancement of
personal dignity.
Property is as important as life and liberty and to protect their (poor) property is
really to protect their life and their liberty.
Aspects of Due Process:
1. Procedural due process refers to the mode of procedure which government agencies must
follow in the enforcement and application of laws.
2. Substantive due process prohibition against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and opportunity to be heard before judgment is
rendered affecting ones person or property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject matter and the
necessities of the situation.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H

1. A court or tribunal clothed with judicial power to hear and determine the
matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or
over the property which is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present ones case and
submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing or at
least contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision.
7. The board or body should, in all controversial questions, render its decision in
such a manner that the parties to the proceeding can know the various issues
involved and the reasons for the decision rendered.
Note:
1. What is required is not actual hearing, but a real opportunity to be heard.
2. The requirement of due process can be satisfied by subsequent due hearing.
3. Violation of due process: when same person reviews his own decision on appeal.
4. Notice and hearing are required in judicial and quasi-judicial proceedings, but not in
the promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
1. The student must be informed in writing of the nature and cause of any
accusation against them.
2. The student shall have the right to answer the charges against him, with the
assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee or
official designated by the school authorities to hear and decide the case.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students a fair opportunity to
complete the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; cross-examination is not
essential

Instances when hearings are NOT necessary:

1.
2.
3.
4.
5.
6.
7.
8.
9.

When administrative agencies are exercising their quasi-legislative functions.

Abatement of nuisance per se.
Granting by courts of provisional remedies.
Cases of preventive suspension.
Removal of temporary employees in the government service.
Issuance of warrants of distraint and/or levy by the BIR Commissioner.
Cancellation of the passport of a person charged with a crime.
Issuance of sequestration orders (considered a provisional remedy).
Judicial order which prevents an accused from travelling abroad in order to
maintain the effectivity of the courts jurisdiction.
10. Suspension of a banks operations by the Monetary Board upon a prima facie
finding of liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of substantive due process and has
to be observed even in administrative and quasi-judicial bodies.
2. The right to appeal is a statutory privilege that may be exercised only in the
manner in accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as distinguished from those of a particular
class, requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals.
Requirements of a valid ordinance:
1.
2.
3.
4.
5.
6.

Must not contravene the Constitution or any statute

Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit, but may regulate trade
Must be general and consistent with public policy
Must not be unreasonable

When is a law VAGUE?

1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law

The equality that it guarantees is legal equality or the equality of all persons before the law. It
does not demand absolute equality. It merely requires that all persons shall be treated alike,
under like circumstances and conditions both as to privileges conferred and liabilities enforced.
Requisites for valid classification for purposes of the equal protection clause
The classification must:
1.
2.
3.
4.

CODE: SGEE

Rest on SUBSTANTIAL DISTINCTIONS

Be GERMANE to the purposes of the law
NOT LIMITED TO EXISTING CONDITIONS only
APPLY EQUALLY to all members of the SAME CLASS.

Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall 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 person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued
search warrant or warrant of arrest
Requisites for a valid warrant:

CODE:

P J E D

1. It must be issued upon PROBABLE CAUSE.

2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he
may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person
or things to be seized.
Definition of PROBABLE CAUSE
For the issuance of a warrant of arrest:
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 by
the person sought to be arrested.
For the issuance of a search warrant:
Probable cause would mean 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 connection with the offense are in the place to be searched.

Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE
The judge is NOT required to personally examine the complainant and his witnesses. What the
Constitution underscores is the exclusive and personal responsibility of the issuing judge to
satisfy himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and investigation report
whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the basis thereof, issue a warrant of
arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscals
report and require the submission of supporting affidavits of witnesses to aid him in arriving
at the conclusion as to the existence of probable cause.

Examination UNDER
WITNESSES

OATH

OR

AFFIRMATION

OF

THE

COMPLAINANT

AND

1. The oath required must refer to the truth of the facts within the personal knowledge of the
complainant or his witnesses because the purpose is to convince the judge of the existence
of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is
whether it has been drawn in such a manner that perjury could be charged thereon and
affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact not of law by which the warrant
officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to the
offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT

A John Doe warrant can satisfy the requirement of particularity of description if it contains a
descriptio personae such as will enable the officer to identify the accused (People v. Veloso, 48
Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constituting the
offense charged in the application for the issuance of the warrant. It contravenes the explicit
demand of the Bill of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
A. An officer making an arrest may take from the person arrested:
i.
Any money or property found upon his person which was used in the
commission of the offense or
ii.
Was the fruit thereof or
iii.
Which might furnish the prisoner with the means of committing violence or
escaping or
iv.
Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it may only be made in
the area within the reach of the person arrested
2. Search of moving vehicles
A. This exception is based on exigency. Thus, if there is time to obtain a warrant in
order to search the vehicle, a warrant must first be obtained.
B. The search of a moving vehicle must be based on probable cause.
3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and
Customs Code
A. The Tariffs and Customs Code authorizes persons having police authority under the
Code to effect search and seizures without a search warrant to enforce customs
laws.
B. Exception: A search warrant is required for the search of a dwelling house.
C. Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause

4. Seizure of evidence in plain view

A. To be a valid warrantless search, the articles must be open to the eye and hand.
B. The peace officer comes upon them inadvertently.
5. Waiver of right
A. Requisites of a valid waiver:
i.
ii.
iii.

The right exists.

The person had actual or constructive knowledge of the existence of such
right.
There is an actual intention to relinquish such right.

B. The right against unreasonable searches and seizures is a personal right. Thus, only
the person being searched can waive the same.
C. Waiver requires a positive act from the person. Mere absence of opposition is not a
waiver.
D. The search made pursuant to the waiver must be made within the scope of the
waiver.
Note:
1. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected
to a body search and the inspection of the vehicle is limited to a visual search = valid
search (Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the
locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule that warrants may be issued
only by judges, but the Commissioner of Immigration may order the arrest of an alien
in order to carry out a FINAL deportation order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is actually committing, or is about to commit
an offense in the presence of the arresting officer.
2. When an offense has in fact just been committed and the arresting officer 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.
4. Waiver of an invalid arrest:
When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest.
5. Hot pursuit

A. The pursuit of the offender by the arresting officer must be continuous from the time of
the commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.

6. Stop and frisk

When a policeman observes suspicious activity which leads him to believe that a crime is
about to be committed, he can investigate the suspicious looking person and may frisk him
for weapons as a measure of self-protection. Should he find, however, a weapon on the
suspect which is unlicensed, he can arrest such person then and there for having committed
an offense in the officers presence.
Section 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise
as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceedings.
R.A. 4200 (Anti-Wiretapping Act)
1. The law does not distinguish between a party to the private communication or a third
person. Hence, both a party and a third person could be held liable under R.A. 4200 if they
commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
2. The use of a telephone extension to overhear a private conversation is not a violation of
R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a
telephone extension is not purposely installed for the purpose of secretly intercepting or
recording private communication. (Gaanan v. IAC, 145 SCRA 112)
Types of communication protected:
Letters, messages, telephone calls, telegrams and the like.
Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in
the absence of governmental interference, the protection against unreasonable search and
seizure cannot be extended to acts committed by private individuals. (People v. Martin)
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or of the right of the people peaceably to assemble and petition the
government for redress of grievances.
What are considered protected speech:
Protected speech includes every form of expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as what is known as symbolic speech such as the
wearing of an armband as a symbol of protest. Peaceful picketing has also been included
within the meaning of speech.
Prohibitions under Section 4
1. Prohibition against PRIOR RESTRAINT
2. Prohibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraint

1. Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
2. Examples/forms of prior restraint
a. movie censorship
b. judicial prior restraint = injunction against publication
c. license taxes based on gross receipts for the privilege of engaging in the business of
advertising in any newspaper
d. flat license fees for the privilege of selling religious books
When prohibition does not apply
a. During a war. Ex. Government can prevent publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
b. Obscene publications.
Standards for allowable subsequent punishment
TEST
1. Dangerous Tendency Test

CRITERION
There should be a RATIONAL CONNECTION
between the speech and the evil apprehended.

2. Clear and Present Danger Test

There should be a clear and present danger that

the words when used under such circumstances
are of such a nature as to create a CLEAR AND
PRESENT DANGER that they will bring about the
substantive evils that the State has a right to
prevent.

3. Balancing of Interests Test

The courts should BALANCE the PUBLIC

INTEREST served by legislation on one hand and
the FREEDOM OF SPEECH (or any other
constitutional right) on the other. The courts will
then decide where the greater weight should be
placed.

Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of core speech,
i.e. speech which communicates political, social or religious ideas. These enjoy the same
degree of protection. Commercial speech, however, does not.
Commercial Speech
1. A communication which no more than proposes a commercial transaction.
2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.

3. Even truthful and lawful commercial speech may be regulated if:

a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. It is not more extensive than is necessary to protect that interest. (Central Hudson
Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557)
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are
not considered actionable, even if the words used are neither mild nor temperate. What
is important is that the opinion is the true and honest opinion of the person. The
statements are not used to attack personalities but to give ones opinion on decisions
and actions.
B. OPINIONS. With respect to public personalities (politicians, actors, anyone with a
connection to a newsworthy event), opinions can be aired regarding their public
actuations. Comment on their private lives, if not germane to their public personae, are
not protected.

2. OBSCENITY
A. Test for obscenity (Miller v. California)
i.
Whether the average person, applying contemporary community
standards would find that the work, taken as a whole, appeals to the
prurient interest.
ii.
Whether the work depicts or describes, in a patently offensive way, sexual
conduct, specifically defined by law.
iii.
Whether the work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
B. Procedure for seizure of allegedly obscene publications
i.
Authorities must apply for issuance of search warrant.
ii.
Court must be convinced that the materials are obscene. Apply clear and
present danger test.
iii.
Judge will determine whether they are in fact obscene.
iv.
Judge will issue a search warrant.
v.
Proper action should be filed under Art. 201 of the RPC.
vi.
Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press also apply to the right of
assembly and petition.
2. Rules on assembly in public places:

i.

Applicant should inform the licensing authority of the date, the public place where
and the time when the assembly will take place.

ii.

The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of the
permit or to its grant, but in another public place. The grant or refusal should be
based on the application of the Clear and Present Danger Test.

iii.

If the public authority is of the view that there is an imminent and grave danger of
a substantive evil, the applicants must be heard on the matter.

iv.

The decision of the public authority, whether favorable or adverse, must be

transmitted to the applicants at the earliest opportunity so that they may, if they
so desire, have recourse to the proper judicial authority.

3. Rules on assembly in private properties:

Only the consent of the owner of the property or person entitled to possession thereof is
required.
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.
Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion

Distinction between the clauses (School District v. Schempp, 374 US 203)

1.

The non-establishment clause does not depend upon any showing of direct governmental
compulsion. It is violated by the enactment of laws which establish an official religion
whether those laws operate directly to coerce non-observing individuals or not. The test of
compliance with the non-establishment clause can be stated as follows: What are the
purposes and primary effect of the enactment? If either is the advancement or inhibition of
religion, the law violates the non-establishment clause. Thus, in order for a law to comply
with the non-establishment clause, two requisites must be met. First, it has a secular
legislative purpose. Second, its primary effect neither advances nor inhibits religion.

2.

The free exercise of religion clause withdraws from legislative power the exertion of any
restraint on the free exercise of religion. In order to show a violation of this clause, the
person affected must show the coercive effect of the legislation as it operates against him in

the practice of his religion. While the freedom to believe (non-establishment) is absolute,
the moment such belief flows over into action, it becomes subject to government regulation.
Requisites for government aid to be allowable:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.
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.
Rights guaranteed under Section 6:
1. Freedom to choose and change ones place of abode.
2. Freedom to travel within the country and outside.
Curtailment of rights:
RIGHT
1. Liberty of abode

MANNER OF CURTAILMENT
Lawful order of the court and within the limits prescribed by
law.

2. Right to travel

May be curtailed even by administrative officers (ex.

passport officers) in the interest of national security, public
safety, or public health, as may be provided by law.

Note: The right to travel and the liberty of abode are distinct from the right to return to ones
country, as shown by the fact that the Declaration of Human Rights and the Covenant on
Human Rights have separate guarantees for these. Hence, the right to return to ones country
is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern shall be
recognized.
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents

Persons entitled to the above rights

Only Filipino citizens.

Discretion of government
The government has discretion with respect to the authority to determine what matters are of
public concern and the authority to determine the manner of access to them.
Recognized restrictions on the right of the people to information:
1.
2.
3.
4.
5.
6.
7.
8.

National security matters

Intelligence information
Trade secrets
Banking transactions
Diplomatic correspondence
Executive sessions
Closed door cabinet meetings
Supreme Court deliberations

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law, shall
not be abridged.
The right to form associations shall not be impaired without due process of law and is thus an
aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition, insofar
as the associations may have for their object the advancement of beliefs and ideas, the freedom
of association is an aspect of the freedom of speech and expression, subject to the same
limitation.
The right also covers the right not to join an association.
Government employees have the right to form unions. They also have the right to strike, unless
there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just compensation.
Who can exercise the power of eminent domain:
1) The national government
a. Congress
b. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective legislative
bodies (under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
It is only necessary when the owner does not want or opposes the sale of his property. Thus, if
a valid contract exists between the government and the owner, the government cannot exercise
the power of eminent domain as a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1) There is a TAKING of private property

2) Taking is for PUBLIC USE

3) Payment of JUST COMPENSATION

"TAKING"
A. Elements: CODE: E P A P O
1.
2.
3.
4.
5.

The expropriator enters the property

The entrance must not be for a momentary period, i.e., it must be permanent
Entry is made under warrant or color of legal authority
Property is devoted to public use
Utilization of the property must be in such a way as to oust the owner and deprive
him of the beneficial enjoyment of his property.

B. Compensable taking does not need to involve all the property interests which form
part of the right of ownership. When one or more of the property rights are
appropriated and applied to a public purpose, there is already a compensable taking,
even if bare title still remains with the owner.
"PUBLIC USE"
1. Public use, for purposes of expropriation, is synonymous with public welfare as the
latter term is used in the concept of police power.
2. Examples of public use include land reform and socialized housing.
"JUST COMPENSATION"
1. Compensation is just if the owner receives a sum equivalent to the market value of
his property. Market value is generally defined as the fair value of the property as
between one who desires to purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at the time the
property was taken. Thus, future potential use of the land is not considered in
computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the "public use" character of the taking. However, if the expropriation is
pursuant to a specific law passed by Congress, the courts cannot question the public
use character of the taking.
When municipal property is taken by the State:

Compensation is required if the property is a patrimonial property, that is, property acquired by
the municipality with its private funds in its corporate or private capacity. However, if it is any
other property such a public buildings or legua comunal held by the municipality for the State in
trust for the inhabitants, the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
General rule:
expropriation.

The value must be that as of the time of the filing of the complaint for

Exception: When the filing of the case comes later than the time of taking and meanwhile the
value of the property has increased because of the use to which the expropriator has put it, the
value is that of the time of the earlier taking. BUT if the value increased independently of what
the expropriator did, then the value is that of the latter filing of the case.

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

When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal contract either as to the time or mode of
performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of the
contract, and which still leaves an efficacious remedy for enforcement does NOT impair the
obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Section 12. Rights of person under investigation for the commission of an offense.
Rights of person under investigation for the Commission of an offense CODE: SCISI
1)
2)
3)
4)

Right to remain silent

Right to have competent and independent counsel, preferably of his own choice
Right to provided with the services of counsel if he cannot afford the services of one.
Right to be informed of these rights.

When rights are available:

1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with
respect to a criminal offense.
4) Signing of arrest reports and booking sheets.

When rights are not available:

1) During a police line-up. Exception: Once there is a move among the investigators to elicit
admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or
outside the context of a formal investigation.
4) Statements made to a private person.
Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in
evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.

Who are not entitled to bail:

1)
2)
3)

Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH,

when evidence of guilt is strong
Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.

1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus
is suspended.
2) Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1)
2)
3)
4)

Ability to post bail

Nature of the offense
Penalty imposed by law
Character and reputation of the accused

5) Health of the accused

6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation
proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance.
Section 14. Rights of an accused
Rights of a person charged with a criminal offense
1.
2.
3.
4.
5.
6.
7.

Right to due process of law

Right to be presumed innocent
Right to be heard by himself and counsel
Right to be informed of the nature and cause of the accusation against him
Right to have a speedy, impartial and public trial
Right to meet the witnesses face to face
Right to have compulsory process to secure the attendance of witnesses and the production
of evidence in his behalf

DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to comply
with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain facts leads
to a prima facie presumption of guilt, provided that the facts proved have a reasonable
connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.

RIGHT TO BE HEAR BY HIMSELF AND COUNSEL

The right to be heard includes the following rights:
1. Right to be present at the trial

A. The right to be present covers the period from ARRAIGNMENT to PROMULGATION

of sentence.
B. After arraignment, trial may proceed notwithstanding absence of accused, provided
2 requisites are met. Note, that trial in absentia is allowed only if the accused has
been validly arraigned.
(i)
(ii)

Accused has been duly notified; and

His failure to appear is unjustifiable.

C. The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if necessary for
identification purposes. EXCEPTION: If the accused, after arraignment, has
stipulated that he is indeed the person charged with the offense and named in the
information, and that any time a witness refers to a name by which he is known, the
witness is to be understood as referring to him.
D. While the accused is entitled to be present during promulgation of judgement, the
absence of his counsel during such promulgation does not affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must
be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a
reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST
HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable him to
make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the same
cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot be
convicted thereof even if the prosecution is able to present evidence during the trial with respect
to such elements.

The real nature of the crime charged is determined from the recital of facts in the information. It
is not determined based on the caption or preamble thereof nor from the specification of the
provision of law allegedly violated.

RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

Factors used in determining whether the right to a speedy trial has been violated
1)
2)
3)
4)
5)

Time expired from the filing of the information

Length of delay involved
Reasons for the delay
Assertion or non-assertion of the right by the accused
Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accuseds right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double
jeopardy. This would be the effect even if the dismissal was made with the consent of the
accused
Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.
Definition of impartial trial
The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is offensive to decency or public morals, the public
may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on
Saturdays, either with the consent of the accused or if failed to object thereto.
RIGHT TO MEET WITNESS FACE TO FACE
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness
Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or was not due to
the fault of the prosecution, the testimony of the witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during preliminary
investigations.
Principal exceptions to the right of confrontation
1. The admissibility of dying declarations
2. Trial in absentia under Section 14(2)
3. With respect to child testimony

Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases, the right to a
speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
Section 17. No person shall be compelled to be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of the accused or the witness would establish
a fact which would be a necessary link in a chain of evidence to prove the commission of a
crime by the accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the right against selfincrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific
questions which would incriminate him in the commission of an offense.
Scope of right
1.
2.

What is PROHIBITED is the use of physical or moral compulsion to extort communication

from the witness or to otherwise elicit evidence which would not exist were it not for the
actions compelled from the witness.
The right does NOT PROHIBIT the examination of the body of the accused or the use of
findings with respect to his body as physical evidence. Hence, the fingerprinting of an

3.

accused would not violate the right against self-incrimination. However, obtaining a sample
of the handwriting of the accused would violate this right if he is charged for falsification.
The accused cannot be compelled to produce a private document in his possession which
might tend to incriminate him. However, a third person in custody of the document may be
compelled to produce it.

When the right can be invoked:

1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to the visitorial powers of the state in order
to determine compliance with the conditions of the charter granted to them.
Section 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no matter under what
form such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President

Section 19. Prohibition against cruel, degrading and inhuman punishment

When is a penalty cruel, degrading and inhuman?
1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being drawn
and quartered.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and
feathered, then paraded throughout town.
Standards used:
1.
2.
3.
4.

The punishment must not be so severe as to be degrading to the dignity of human beings.
It must not be applied arbitrarily.
It must not be unacceptable to contemporary society
It must not be excessive, i.e. it must serve a penal purpose more effectively than a less
severe punishment would.

Excessive fine

A fine is excessive, when under any circumstance, it is disproportionate to the offense.

Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any
liability to pay money. Thus, all other types of obligations are not within the scope of this
prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
A. The fraudulent debt constitutes a crime such as estafa and
B. The accused has been duly convicted.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense.
If an act punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH: (1st requisite) CODE: CICAV
1)
2)
3)
4)
5)

A person is charged
Under a complaint or information sufficient in form and substance to sustain a conviction
Before a court of competent jurisdiction
After the person is arraigned
Such person enters a valid plea.

When does jeopardy NOT attach:

1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and the
court thereafter acquits him without entering a new plea of not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1)
2)
3)
4)

Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.

Examples of termination of jeopardy:

1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by
the accused.
4) Discharge of an accused to be a state witness. This amounts to an acquittal.
When can the PROSECUTION appeal from an order of dismissal:
1) If dismissal is on motion of the accused. Exception: If motion is based on violation of the
right to a speedy trial or on a demurrer to evidence.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal.
4) If the dismissal violates the right of due process of the prosecution.
5) If the dismissal was made with grave abuse of discretion.
What are considered to be the SAME OFFENSE: (under the 1st sentence of Section 21)
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of the
same law, the prosecution for one will not bar the other so long as none of the exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the ordinance are the same.
For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information where:
A. The graver offense developed due to a supervening fact arising from the same act or
omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered only
after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the fiscal
and the offended party.

2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecutions incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole
case will be open to review by the appellate court. Such court may even increase the penalties
imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1) One which makes an action done before the passing of the law, and which was innocent
when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that which the
law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the law
required at the time of the commission of the offense in order to convict the accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a
penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which he has
become entitled such as the protection of a former conviction or acquittal, or a proclamation
of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It may
also refer to easily ascertainable members of a group in such a way as to inflict punishment
on them without judicial trial.
3) Elements of the bill of attainder
A. There must be a LAW.
B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY
ASCERTAINABLE MEMBERS of a GROUP.
C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.