ARTCLE 3: BILL OF RIGHTS WHIMSICAL, OR UNREASONABLE.

IT IS
PARTICULARLY DIRECTED AGAINST THE ACTS OF
SECTION 1: RIGHT TO LIFE LIBERTY AND EXECUTIVE AND LEGISLATIVE DEPARTMENT
PROPERTY
2 ASPECTS OF DUE PROCESS
ARTICLE III OF THE CONSTITUTION STATES
1. PROCEDURAL DUE PROCESS - REQUIRES,
“NO PERSON SHALL BE DEPRIVED OF LIFE, ESSENTIALLY, THE OPPORTUNITY TO BE HEARD
LIBERTY, OR PROPERTY WITHOUT DUE PROCESS IN WHICH EVERY CITIZEN IS GIVEN THE CHANCE
OF LAW, NOR SHALL ANY PERSON BE DENIED TO DEFEND HIMSELF OR EXPLAIN HIS SIDE
THE EQUAL PROTECTION OF THE LAWS. THROUGH THE PROTECTION OF GENERAL
RULES OF PROCEDURE. IT CONTEMPLATES
“THE PROVISION SPEAKS OF “DUE PROCESS”
NOTICE AND OPPORTUNITY TO BE HEARD
AND “EQUAL PROTECTION.” SCOPE OF
BEFORE JUDGMENT IS RENDERED.
PROTECTION - THE PROTECTION COVERS ALL
PERSONS, WHETHER CITIZENS OR ALIENS, 2. SUBSTANTIVE DUE PROCESS - REQUIRES
NATURAL OR JURIDICAL. THAT THE LAW ITSELF IS VALID, FAIR,
REASONABLE, AND JUST. FOR THE LAW TO BE
MEANING OF LIFE, LIBERTY, AND PROPERTY
FAIR AND REASONABLE IT MUST HAVE A VALID
Life - When the constitution speaks of right to OBJECTIVE WHICH IS PURSUED IN A LAWFUL
life, it refers not just to physical safety but also MANNER. THE OBJECTIVE OF THE
to the importance of quality of life. GOVERNMENT IS VALID WHEN IT PERTAINS TO
THE INTEREST OF THE GENERAL PUBLIC, AS
Liberty - It includes “negative” and “positive” DISTINGUISHED FROM THOSE OF A PARTICULAR
freedom. Negative freedom means freedom CLASS
from, or absence of, physical constraints, while
positive freedom means freedom to exercise Notice and Opportunity to be Heard - What
one’s faculties. matters in procedural due process are notice
and an opportunity to be heard
Property - It refers either to the thing itself or
right over the thing. As a thing, property is 1. NOTICE - THIS IS AN ESSENTIAL ELEMENT OF
anything capable of appropriation, and it could PROCEDURAL DUE PROCESS, MOST ESPECIALLY
be personal or real. As a right, it refers to right IN JUDICIAL PROCEEDINGS, BECAUSE WITHOUT
to own, use, possess, alienate, or destroy the NOTICE THE COURT WILL NOT ACQUIRE
thing. JURISDICTION AND ITS JUDGMENT WILL NOT
BIND THE DEFENDANT.
DUE PROCESS - DUE PROCESS OF LAW IS A
CONSTITUTIONAL GUARANTEE AGAINST HASTY 2. OPPORTUNITY TO BE HEARD - IT MUST BE
AND UNSUPPORTED DEPRIVATION OF SOME EMPHASIZED THAT WHAT IS REQUIRED IS NOT
PERSON’S LIFE, LIBERTY, OR PROPERTY BY THE “ACTUAL” HEARING BUT A REAL
GOVERNMENT. - THIS RIGHT IS “THE “OPPORTUNITY” TO BE HEARD. IF, FOR
EMBODIMENT OF THE SUPPORTING IDEA OF INSTANCE, A PERSON FAILS TO ACTUALLY
FAIR PLAY” AND ITS ESSENCE IS THAT IT IS “A APPEAR IN A HEARING EVEN THOUGH HE WAS
LAW WHICH HEARS BEFORE IT CONDEMNS, GIVEN THE CHANCE TO DO SO, A DECISION
WHICH PROCEEDS UPON INQUIRY AND RENDERED BY THE COURT IS NOT IN VIOLATION
RENDERS JUDGMENT ONLY AFTER TRIAL. OF DUE PROCESS. MOREOVER, STRICT
OBSERVANCE OF THE RULE IS NOT NECESSARY,
THE RIGHT IS INVOKED WHEN THE ACT OF THE ESPECIALLY IN ADMINISTRATIVE CASES.
GOVERNMENT IS ARBITRARY, OPPRESSIVE,
 2. Warrant of Arrest - a written document
issued by a court. ordering any peace
EQUAL PROTECTION officer to bring the person before the
court so that he may be bound to
- THE GUARANTEE OF EQUAL PROTECTION
answer for the commission of an
MEANS THAT “NO PERSON OR CLASS OF
offense.
PERSONS SHALL BE DEPRIVED OF THE SAME
PROTECTION OF THE LAWS WHICH IS ENJOYED WHAT IS PROBABLE CAUSE?
BY OTHER PERSONS OR OTHER CLASSES IN THE
SAME PLACE AND IN LIKE CIRCUMSTANCES. • Information sufficient to warrant a
prudent person's belief that an
- THE PURPOSE OF THE GUARANTEE IS TO individual had committed a crime or
PROHIBIT HOSTILE DISCRIMINATION OR UNDUE that evidence of a crime or contraband
FAVOR TO ANYONE, OR GIVING SPECIAL would be found in a search.
PRIVILEGE WHEN IT IS NOT REASONABLE OR
JUSTIFIED. REQUISITES TO A VALID WARRANT OF ARREST

SECTION 2: RIGHT TO SEARCH AND SEIZURE 1. There must be an information filed by the
Prosecutor recommending the trial of the
The right of the people to be secure in their accused.
persons, houses, papers, and effects against
unreasonable searches and seizures of 2. Existence of Probable cause as determined
whatever nature and for any purpose shall be personally by the Judge.
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to 3. Particular description of the person sought to
determine personally by the judge after be Arrested.
examination under oath of affirmation of the
VALID WARRANTLESS ARREST/CITIZENS
complainant and the witnesses he may
ARREST
produce, and particularly describing the place to
be searched and the persons or things to seized. 1. Arrest in Flagrante Delicto
The purpose of the provision is to protect:  Committed
 Actually committing
1. The privacy and sanctity of the person.
 Attempting to Commit
2. The inviolability of his house and other
2. Hot pursuit Arrest
possession against arbitrary intrusions by state
officers.  Probable cause to believe
 Based on Personal knowledge
SEARCH AND SEIZURE
 That person to be Arrested committed
Unreasonable without a valid Search Warrant or it.
Warrant of Arrest
3. Arrest of Escaped Prisoners
1. Search Warrant- A court order
Requisites for a valid Search of Warrant
authorizing police officers to search a
person, place or vehicle for the purpose 1. It must be issued upon the Probable
of discovering contraband, stolen Cause.
property, or evidence of guilt to be used
in the prosecution of a criminal action. 2. Probable Cause must be determined
personally by the Judge.
 3. The Judge must examine the organization without your explicit consent,
complainant and the witness he may unless otherwise provided by law.
produce under oath or affirmation.
Primary goals of right to privacy
4. The warrant must be particularly
described, the place to be searched and To gives us a space to be ourselves without
the persons or things to be seized. judgement, allows us to think freely without
discrimination, and is an important element of
CAN WE SEARCH AND SEIZURE WITHOUT A giving us control over who knows what about
WARRANT? us.

Yes, under some circumstance. Data privacy generally means the ability of a
person to determine for themselves when, how,
The Police can Search without a Warrant in the and to what extent personal information about
following situation them is shared with or communicated to others.
This personal information can be one's name,
1. CONSENT- Freely and voluntarily agrees to
location, contact information, or online or real-
search of his or her property.
world behavior.
2.Jeopardized Public safety or The Lead to loss
DATA PRVICY IS ABOUT
the Evidence.
1. People not places
3. Search Incident to Arrest
2. Personal choice
4. The Plain View Doctrine- The Evidence is
Visible. 3. Control not security
What recourse do I have if a search was 4. The Right to be alone.
conducted unlawfully?
WHAT DOES THE LAW SAYS ABOUT DATA
If evidence is obtained without a valid search PRIVACY?
warrant, and no exception to the warrant
requirement applies, the evidence may be The law upholds the right to privacy by
subject to the exclusionary rule protecting individual personal information. The
National Privacy Commission protects individual
VALID ARREST MAY LED TO VALID SEARCH OR personal information by regulating the
SEIZURE processing of personal information.
SECTION 3: RIGHT TO PRIVACY Right to Privacy Importance
The right to privacy encompasses the right to Privacy is essential to who we are as human
protect a person's intimacy, identity, name, beings, and we make decisions about it every
gender, honor, dignity, appearance, feelings single day. It gives us a space to be ourselves
and sexual orientation. without judgement, allows us to think freely
without discrimination, and is an important
What is right to privacy in our country?
element of giving us control over who knows
Under R.A. 10173, your personal data is treated what about us.
almost literally in the same way as your own
"Now the right to life has come to mean the
personal property. Thus, it should never be
right to enjoy life, -- the right to be let alone."
collected, processed and stored by any
Samuel Warren and Louis Brandeis, 1890  True threats

SECTION 4: FREEDOM OF SPEECH FREEDOM OF PRES

No law shall be passed abridging the freedom of  protects the right to obtain and publish
speech, of expression, or of the press, or the information or opinions without
right of the people peaceably to assemble and government censorship or fear of
petition the government for redress of punishment.
grievances.  Censorship occurs when the
government examines publications and
Freedom of Expression productions and prohibits the use of
material it finds offensive.
You have the right to seek, receive and impart
 both the freedom of speech and
information and ideas of your choice without
freedom of press are commonly called
interference and regardless of frontiers
freedom of expression
Freedom of Peaceful assembly,
SECTION 5: FREEDOM OF RELIGION
sometimes used interchangeably with the
No law shall be made respecting an
freedom of association, is the individual right or
establishment of religion, or prohibiting the free
ability of people to come together and
exercise thereof. The free exercise and
collectively express, promote, pursue, and
enjoyment of religious profession and worship,
defend their collective or shared ideas.
without discrimination or preference, shall
Freedom of Peaceful assembly, forever be allowed. No religious test shall be
required for the exercise of civil or political
 The right to freedom of association is rights.
recognized as a human right, a political
right and a civil liberty. Is a principle that supports the freedom of an
 The terms freedom of assembly and individual or community, in public or private, to
freedom of association may be used to manifest religion or belief in teaching, practice,
distinguish between the freedom to worship, and observance. It also includes the
assemble in public places and the freedom to change one ' s religion or beliefs.
freedom to join an association.
DUAL ASPECT OF FREEDOM OF RELIGION
 Freedom of assembly is often used in
the context of the right to protest, while  Right to believe
freedom of association is used in the  Right to act on one’s belief
context of labor rights
SECTION 6: LIBERTY TO ABODE AND TRAVEL
Freedom of Speech is the liberty to speak
openly without fear of government restraint. It The liberty of abode and of changing the same
is closely linked to freedom of the press within the limits prescribed by law shall not be
because this freedom includes both the right to impaired except upon lawful order of the court.
speak and the right to be heard. Neither shall the right to travel be impaired
except in the interest of national security, public
Why is freedom of speech important? safety, or public health, as may be provided by
law. Liberty of abode and travel includes the
 Obscene material such as child
right to choose one’s residence to leave it
pornography
whenever one pleases, within the limits
 Plagiarism of copyrighted material
 Defamation (libel and slander)
prescribed by law, to travel where one wills, RIGHT TO INFORMATION ON MATTERS OF
and to return to his place of residence. PUBLIC CONCERN

However, this right is not absolute since the 1.Access to official records for exercise of right.
constitutional constraint is subject to the
following exceptions: 2. Arguments in support of right

1. When there is lawful order of the court; and SCOPE OF THE RIGHT

2. In the interest of national security, public 1.The right embraces all public records.
safety, or public health as may be provided by
2.It is limited to citizens only but is without
law, both of which are permitted in the exercise
prejudice to the right of aliens too have access
of the police power of the State. Within the
to records to cases where they are litigants; and
purview of the exercise of the police power, the
state, through the lawmaking body, may enact 3.Its exercise is subject to such limitations as
legislative acts necessary for the promotion of may be provided by law. a. Limitations on the
peace and order, safety, health, morals, life and right (Public records excepted)
property; in other words, the general welfare of
the community How does right to information affect you?

The limitation contemplated under the second Right to information is not only a human right,
sentence of Section 6 does not require any but an essential tool that empowers you to
court order; it is sufficient that the interference demand accountability from governments,
of the individual's right of abode and travel is participate in public life and to fight corruption
within the legitimate bounds of the exercise of through knowledge. Right to information
police power. The right to return to one’s provides essential facts that benefit your life in
country is not among the rights specifically a number of ways from human rights to
guaranteed under the Bill of Rights, though it environmental justice.
may well be considered as a generally accepted
principle of international law, which is part of FREEDOM OF INFORMATION is an essential
the law of the land. However, it is distinct and prerequisite for a modern democracy. It is a key
separate from the right to travel and enjoys a foundation to the effective exercise of cognate
different protection under the International rights such as the freedoms of speech, of the
Covenant on Civil and Political Rights. press, and of expression, as well as the right of
the people and their organizations to effective
SECTION 7: RIGHT OF THE PEOPLE TO and reasonable participation at all levels of
INFORMATION ON MATTERS OF PUBLIC social, political, and economic decision-making.
CONCERN Transparency in the public sector enables our
people to engage in meaningful participation,
Section 7, Article III provides that “the right of promotes accountability, and mitigates
the people to information on matters of public corruption, which has long been a major
concern shall be recognized. Access to official obstacle to our country's development
records, and to documents and papers
pertaining to official acts, transactions, or Despite this Constitutional guarantee and its
decisions, as well as to government research affirmation in a number of Supreme Court
data used as basis for policy development, shall decisions, we are aware of the wanton violation
be afforded the citizen, subject to such by many government agencies of the right of
limitations as may be provided by law. Filipinos to access information of public interest
and concern.
SECTION 8: RIGH TO FORM ASSOCIATIONS SECTION 9: Private property shall not be taken
for public use without just compensation
Provides that “the right of the people, including
those employed in the public and private Just Compensation is the amount that the
sectors, to form unions, associations, or owner might loss due to expropriation.
societies for purposes not contrary to law shall
not be abridged. "Expropriation" is the taking of private property
by the government for public use.
Who may Exercise the Right?
INHERENT POWERS OF THE GOVERNMENT
The right of association may be exercised by the
employed or the unemployed and by those 1.EMINENT DOMAIN is the right or power of
employed in the government or in the private the State or of those to whom the power has
sector. It likewise embraces the right to form been lawfully delegated to take private
unions both in the government and private property for public use upon paying to the
sector. owner a just compensation to be ascertained
according to law.
The right of civil servants to unionize is
expressly provided in Section 2(5), 1. The property taken must be private
property
Article IX-B: “The right to self-organization shall 2. Genuine necessity to take the private
not be denied to government employees.” The property
right of labor in general to unionize is likewise 3. The taking must be for public use
provided in Section 3, 4. Payment of just compensation
5. The taking must comply with Due process
Article XIII: “[The State] shall guarantee the of Law.
rights of all workers to self-organization,
collective bargaining and negotiations, and 2.POLICE POWER has been referred to as the
peaceful concerted activities, including the right power of the State to enact such laws or
to strike in accordance with law.” regulations in relation to persons and property
as it promotes public health, public morals,
Right to Strike not Included. public safety, and the general welfare and
convince of the people.
The right to form associations or to self-
organization does not include the right to strike. 3. POWER OF TAXATION is the power of the
Thus, public school teachers do not enjoy the state to impose charge or burden upon persons,
right to strike even if they are given the property or property rights, for the use and
constitutional right of association. The terms support of the government and to enable it to
and conditions of employment in the discharge its appropriate functions
Government, including in any political
subdivision or instrumentality thereof and SECTION 10:NO LAW IMPAIRING THE
government owned and controlled corporations OBLIGTION OF CONTRACTS SHALL BE PASSED
with original charters, are governed by law and
the employees therein shallot strike for Law - a set of rules that are created and are
purposes of securing changes enforceable by social or governmental
institutions to regulate behavior, with its
precise definition a matter of longstanding
debate. It has been variously described as a
science and as the art of justice.
OBLIGATION OF CONTRACT They have no judicial power but they can
appeal and adjudicate on the law with legal
Law or Duty which binds the parties to perform basis.
their agreement according to its terms or intent
Constitutional Rights of the accused:
IMPAIRMENT WHAT IS THE MEANING OF THE
OBLIGATION OF CONTRACT AND WHEN IS IT 1.The right to free access to the courts and
IMPAIRED BY LAW? adequate legal assistance.

Impairment is anything that diminishes the 2.The right to be informed of his right to remain
efficacy of the contract or when the terms and silent and to have a counsel when under
conditions are changed/altered by law or by investigation for the commission of an offense.
party without the consent of the other party
thereby weakening the position or rights. 3.The right against the use of torture, force,
violence, threat, intimidation, or any other
LIMITATIONS means which vitiates the free will.

The right guaranteed under this section is 4.The right against being held in secret,
however not absolute because a contract valid incommunicado, or similar forms of solitary
at the time of its execution may be legally detention.
modified or even completely invalidated by a
subsequent law. If the law is a proper exercise 5.Right to bail and against excessive bail.
of police power, it will prevail over the contract.
6.The right to due process law.
SECTION 11: Right to free Access to Courts
7. The right to presumption of innocence.
Free access to the courts and quasi-judicial
8. The right to be heard by himself and counsel.
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty 9. The right to be informed of the natured cause
of the accusation against him.
If the accused cannot afford to hire a lawyer to
defend his case, the government shall provide 10. The right to have speedy, impartial and
one for him. He shall be assisted or represented public trial.
by a public prosecutor and a counsel from the
Public Attorney's Office (PAO), respectively. 11. The right to meet the witnesses face to face.

Quasi-judicial bodies: 12. The right to have compulsory process to

secure the attendance of witnesses and the
To include all kinds of truth-seeking production of evidence in his behalf.
proceedings, including administrative,
legislative, and other official proceedings. 13. The right against self-incrimination.

Examples of Quasi-Judicial bodies are: 14. The right against detention by reason of
political beliefs and aspirations.
 Office of the president
 Commission on Audit 15. The right against excessive fines.
 Bureau of patents, trademarks and
Technology Transfer 16. The right against cruel, degrading or
 Board of Investments etc. inhuman punishment.
17. The right against infliction of the death SECTION 13: RIGHT TO BAIL
penalty except for heinous crimes.
WHAT IS RIGHT TO BAIL?
18. The right against double jeopardy.
As defined by the Rules of Criminal
19. The right against ex post facto law and bill Procedure, bail is the security given for the
of attainder. release of a person in custody of the law,
furnished by him or a bondsman, to
SECTION 12: MIRANDA RIGHTS guarantee his appearance before any court
as required under the conditions
(1) ANY PERSON UNDER INVESTIGATION
hereinafter specified.
FOR THE COMMISSION OF AN OFFENSE
SHALL HAVE THE RIGHT TO BE Bail is a set of pre-trial restrictions that are
INFORMED OF HIS RIGHT TO REMAIN imposed on a suspect to ensure that they
SILENT AND TO HAVE COMPETENT AND will not hamper the judicial process. Bail is
INDEPENDENT COUNSEL PREFERABLY the conditional release of a defendant with
OF HIS OWN CHOICE. IF THE PERSON the promise to appear in court when
CANNOT AFFORD THE SERVICES OF required. In some countries, especially the
COUNSEL, HE MUST BE PROVIDED WITH United States, bail usually implies a bail
ONE. THESE RIGHTS CANNOT BE bond, a deposit of money or some form of
WAIVED EXCEPT IN WRITING AND IN property to the court by the suspect in
THE PRESENCE OF COUNSEL. return for the release from pre-trial
detention. If the suspect does not return to
SELF- INCRIMINATION
court, the bail is forfeited and the suspect
No person shall be compelled to be a may be charged with the crime of failure to
witness against himself. Right of a person to appear. If the suspect returns to make all
refuse to answer questions or otherwise their required appearances, bail is returned
gives testimony against himself or herself. after the trial is concluded.

In other countries, such as the United

Kingdom, bail is more likely to consist of a
set of restrictions that the suspect will have
to abide by for a set period of time. Under
this usage, bail can be given both before
and after charge.

For minor crimes, a defendant may be

summoned to court without the need for
bail, or may be released on recognizance
(promising to appear in court, with no bail
MIRANDA WARNING required) following arraignment. For serious
crimes, or for suspects who are deemed
likely to fail to turn up in court, they may be
remanded (detained) while awaiting trial. A
suspect is given bail in cases where remand
is not justified but there is a need to provide
an incentive for the suspect to appear in
court. Bail amounts may vary depending on
the type and severity of crime the suspect is
accused of; practices for determining bail notwithstanding the absence of the accused
amounts vary. provided that he has been duly notified and
his failure to appear is unjustifiable.
FORMS OF BAIL
THE RIGHTS OF THE ACCUSED:
WHAT ARE THE FORMS OF BAIL OR BOND?
1. Presumption of innocence.
Bail is not always in cash. It may be given in 2. Right to be heard by himself or
the form of corporate surety, property counsel.
bond, cash deposit, or recognizance. The 3. Right to be informed of the
choice lies with the applicant. accusations against him.
4. Right to speedy, impartial and
WHEN BAIL IS MATTER OF DISCRETION?
public trial.
Bail becomes a matter of discretion if the 5. Right to meet the witness face to
offense charged is punishable by death, face.
reclusion perpetua, or life imprisonment 6. Trial in absentia
that is, bail will be denied if the evidence of
SECTION 15: “The privilege of the writ of
guilt is strong.
habeas corpus shall not be suspended except
WHEN BAIL IS A MATTER OF RIGHT? in cases of invasion or rebellion when the
public safety requires it”
Thus, before conviction, bail is a matter of
right when the offense charged is Habeas Corpus – Latin for “you shall have the
punishable by any penalty lower than body”
reclusion perpetua.
As per definition, it is a law stating that an
SECTION 14: No person shall be held to individual cannot be imprisoned or held in
answer for a criminal offense without due custody inside a prison cell unless he/she has
process of law. first been brought before a court of law, which
decides whether or not it is legal for the person
WHAT ARE DUE PROCESSES OF LAW? to be kept in prison.

Due process is the legal requirements that SECTION 16: All persons shall have the right to
the state must respect all legal rights that a speedy disposition of their cases before all
are owed to a person. Due process balances judicial, quasi-judicial, or administrative
the power of law of the land and protects bodies.
the individual person from it.
Republic Act No. 8493, also known as the
In all criminal prosecutions, the accused Speedy Trial Act of 1998, establishes the
shall be presumed innocent until the duration for a trial from start to finish.
contrary is proved, and shall enjoy the right
to be heard by himself and counsel, to be The period of trial following the general rule is
informed of the nature and cause of the 180 days unless extended by proper motion
accusation against him, to have a speedy,
Trials whose penalties do not exceed six months
impartial, and public trial, to meet the
or a P1,000 fine or both should only last 180
witnesses face to face, and to have
days from the first day of trial. The court can
compulsory process to secure the
extend the trial, given a compelling reason.
attendance of witnesses and the production
of evidence in his behalf. However, after
arraignment, trial may proceed
In general, the speedy trial guarantee means (2) No involuntary servitude in any form
that the accused must be brought to trial or shall exist except as a punishment for a
released within a reasonable amount of time. crime whereof the party shall have
The government is not legally permitted to lock been duly convicted.
people up indefinitely without trying them.
Political beliefs and aspirations
SECTION 17: No person Shall be compelled to
be a witness against himself. Is a certain set of ethical ideals, principles,
doctrines, myths, or symbols of a social
• The right against self-incrimination includes movement, institutions, class or large group
the right to refuse to take the witness stand and that explains how society should work and offer
the right to refuse to answer an incriminatory some political and cultural blueprint for a
question. certain social order.

For examples; Involuntary servitude

 If someone is accused of a robbery, he Involuntary servitude or involuntary slavery is a

has the right not to provide information legal and constitutional term for a person
which would indicate his guilt. An laboring against that person's will to benefit
employer, however, has the right to another, under some form of coercion, to which
ensure that an employee is fit for the it may constitute slavery.
duties he is to perform
 In the murder case or death of a SECTION 19: FREEDOM FROM EXCESSIVE FINES
person, even if you saw all the events AND PUNISHMENT
before he was killed or after he was
(1) Excessive fines shall not be imposed, nor
killed, you can refuse to give
cruel, degrading or inhuman punishment
information to the police on
inflicted. Neither shall the death penalty be
investigators because you fear for your
imposed, unless, for compelling reasons
own safer or that’s where our right to
involving heinous crimes, the Congress
refuse comes in article Ill section 17 of
hereafter provides for it. Any death penalty
the bill of rights
already imposed shall be reduced to reclusion
What does no person shall be asked to give perpetua.
evidence against himself mean?
A fine is excessive If the fine is excessive and
- Prevents Compulsion resulting giving evidence fails to examine specific criteria, such as the
against oneself. an accused can be compelled to nature of the offense and the circumstances of
submit to investigation by giving thumb the person who is being penalized.
impressions specimens as for writings or
A punishment is cruel When it shocks
exposing the body for the purpose of
humanity's conscience and includes the person
identification.
who is punished grief and agony for a long time.

(2) The employment of physical, psychological,

SECTION 18: Freedom of political beliefs and or degrading punishment against any prisoner
involuntary servitude or detainee or the use of substandard or
inadequate penali facilities under subhuman
(1) No person shall be detained solely by conditions shall be dealt with by law.
reason of his political beliefs and
aspirations.
Each person detained, is entitled to a proper same offense to be twice put in
treatment and protection. jeopardy of life or limb.” The latter, in
turn, has its roots in English common
SECTION 20: NO PERSON SHALL BE law, to try and curb abuses of the King
IMPRISONED FOR DEBT OR POLL TAX who would continually try the same
case until it got the verdict it wanted.
No one may be forced to pay a debt under
Specifically, however, it was Henry II’s
threat of punishment. No one may be put in jail
guilt over the murder of Archbishop
for failing to pay a debt. The creditor's remedy
Thomas Becket which led him to
is of a civil nature.
acquiesce to the rule that clergy that
POLL TAX - a tax that is imposed on everyone were convicted by the more lenient
who is subject to it as a set amount, regardless ecclesiastical courts could no longer be
of resources or income. punished in the regular courts.

General rule: non-payment of taxes is SECTION 22: No Ex post facto law or bill of
punishable with imprisonment. attainder shall be enacted

Exception: Failure to pay poll tax WHAT IS EX POST FACTO LAW?

TRUST RECEIPTS  A law that is passed after the fact that

criminalizes an action that was legal
The passage of P.D. 115 is a declaration by the when it was committed.
legislative authority that, as a matter of public
policy, the failure of a person to turn over the  Latin: “ex post facto” Means: “after the
proceeds of the sale of goods covered by a trust Fact”
receipt is a public nuisance to be abated by the
 Makes criminal an act done before
imposition of penal sanctions
passage of the law and which was
CREDIT CARD innocent when done, and punishes such
act;
anyone who obtains “money or anything of
value through the use of an access device, with  Aggravates a crime, or make it greater
intent to defraud or with intent to gain and than it was, when committed;
fleeing thereafter” is criminally liable.
 Changes punishment and inflicts a
SECTION 21: RIGHT AGAINST DOUBLE greater punishment than the law
JEOPARDY annexed to the crime when committed.

What is Double Jeopardy  lex prospicit, non respicit’’ means “the

law looks forward, never backward”
 The first sentence of Article III, section
21 of the 1987 Constitution provides  Only acts and omission committed
that “no person shall be twice put in AFTER the law is passed and
jeopardy of punishment for the same implemented will be covered.
offense.”
 Criminal law is prospective in
 ” Our provision was based on the Fifth application, it looks forward
Amendment to the US Constitution
WHAT IS BILL OF ATTAINDER?
(passed in 1791) which provides that
“nor shall any person be subject for the
 A bill of attainder is a piece of
legislation that declares a party
is guilty of a crime. Bill of attainder
allows the government to punish a
party for a perceived crime without first
going through the trial process.