BILL OF RIGHTS

Group 4:
Bajao, Tranne Vae
Mauna Sharima
Migullas, Irish
Sarip, Princess Aina
Tampus, David
Udtohan, Kristine Jade
Zayas, Jannie Jen
Bill of Rights
(Article III, 1987 Constitution)
◦ Constitution of Liberty
◦ The Bill of Rights is the declaration and enumeration of the individual rights and
privileges and is designed to protect violations against individuals and a limitation
upon the power of the state.

◦ It 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.

◦ 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 defined delimit
them and allocate their exercise among various government agencies.
Bill of Rights in a glance:
SECTION DESCRIPTION SECTION DESCRIPTION

THE RIGHT TO LIFE

RIGHT TO LIBERTY
1 RIGHT TO PROPERTY 12 MIRANDA RIGHTS
THE RIGHT TO DUE PROCESS
EQUAL PROTECTION RIGHTS

RIGHT AGAINST UNREASONABLLE SEARCHES AND

2 SEIZURES 13 RIGHT TO BAIL

THE RIGHT TO PRIVACY OF COMMUNICATION AND

3 CORRESPONDENCE 14 RIGHT of thr accused

4 FREEDOM OF EXPRESSION 15 WRIT OF HABEAS CORPUS

FREEDOM OF RELIGION RIGHT TO SPEEDY DISPOSITION OF CASES
5 16

6 LIBERTY OF ABODE AND RIGHT TO TRAVEL 17 RIGHT AGAINST SELF-INCRIMINATION

7 RIGHT TO PUBLIC INFORMATION 18 RIGHT AGAINST INVOLUNTARY SERVITUDE

RIGHT TO ASSEMBLY AND ASSOCIATION THE PROHIBITION AGAINST CRUEL, DEGRADING OR

8 19
INHUMANE PUNISHMENT
RIGHT TO JUST COMPENSATION NON-IMPRISONMENT FOR DEBT OR NONPAYMENT OF A
9 20 POLL TAX

10 RIGHT TO NON-IMPAIRMENT OF CONTRACTS 21 RIGHT AGAINST DOUBLE JEOPARDY

RIGHT TO FREE ACCESS TO COURTS AND LEGAL EX POST FACTO LAW AND BILL OF ATTAINDERS
11 ASSISTANCE 22
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.

THE RIGHT TO LIFE - The constitutional protection to life is not just a protection of the right to be alive
or to the security of one’s limb against physical harm. The right to life is the right to a good life. It means
that nobody, including the Government, can try to end your life. It also means the Government should take
appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by
taking steps to protect you if your life is at risk.

RIGHT TO LIBERTY - This right includes that right to exist and the right to be free from arbitrary
restraint or servitude.

RIGHT TO PROPERTY - Protected property include all kinds of property found in the Civil Code. It has
been deemed to include vested rights.
◦ THE RIGHT TO DUE PROCESS - . It is a law which hears before it condemns; which proceeds upon
enquiry, and renders judgment only after trial. It contemplates notice and opportunity to be heard before
judgment is rendered.
◦ It is a requirement that legal matters must be resolved according to established rules and principles.

◦ EQUAL PROTECTION CLAUSE - is a specific constitutional guarantee of the Equality of the person.
The equality it guarantees is legal equality or the equality of all persons before the law. it covers all
citizens including aliens.
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 persons or
things to be seized.

◦ Right against unreasonable searches and seizures.

◦ Searches – a process by authorized officers to look for specific items that are related to the crime.
◦ Seizure – officers take possessions of items during the search.

◦ It is considered unreasonable if it is conducted by police officers without a valid search warrant or warrant of
arrest.

◦ Warrantless arrest: in flagrante delicto, hot pursuit arrest, escaped prisoners (citizen’s arrest)
◦ Warrantless search: there is a consent, exigent circumstances, search incident to an arrest, plain view doctrine
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 proceeding.

◦ RIGHT TO PRIVACY – not violated when there is (1) lawful order of the court and (2) when public
safety requires it.
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.

◦ FREEDOM OF SPEECH, OF EXPRESSION, OR OF THE PRESS – published articles and books,

televisions, broadcasting, internet and social media.
◦ Limitation: when it violated the right of another person (defamation)

◦ FREEDOM OF ASSEMBLY
◦ Restrictions: protect national security or public safety, protect rights and freedom of others, prevent
disorder or crime
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.

◦ FREEDOM OF RELIGION – right of a person to wordship God without interference of any person or
power

◦ 2 aspects: (1) freedom to believe - absolute

(2) Freedom to act in accordance with such belief – subject to rules and laws of the state

- Concept of Prohibition of Religious Test

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 TO ABODE – right to choose and change residence without interference from the
government.
◦ RIGHT TO TRAVEL – right to go to different places

◦ May be denied or restricted:

1. Lawful order of the court
2. National security, public safety and public health is endangered.
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.

◦ RIGHT TO PUBLIC INFORMATION – right to access the records of the government (to prevent
officials from engaging in corruption)

◦ Documents: Official records, documents pertaining to official acts, transactions and decisions,
government research data

◦ Limitations: records involving security of the State, accounts pertaining to Military Intelligence Funds,
trade secrets and banking transactions, identity of informants in criminal investigation, confidential
diplomatic matters
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.

◦ RIGHT TO FORM ASSOCIATIONS – Freedom to organize and be a member of any group, association,
union, or society. It may be exercised by both employed and unemployed.
Section 9. Private property shall not be taken for public use without just compensation.

◦ RIGHT TO JUST COMPENSATION

◦ Inherent Powers of the State: police power, power of taxation and power of eminent domain

Eminent Domain – power of the government to take private property

(VALID: private property, for public use, due process of law in expropriation, just compensation)

Just Compensation – owners will be paid accordingly when their property gets seized.
Section 10. No law impairing the obligation of contracts shall be passed.

◦ NON-IMPAIRMENT OF CONTRACTS
◦ Obligation of Contracts – legal duty of the contracting parties to fulfil the promises stated in the contract.

◦ The government cannot pass a law that will stop or intrude in the contracts in force.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

◦ The right to Free Access to Courts and Legal Assistance grants to people the right to be able to access
any court of law or any quasi-judicial body regardless of his financial capabilities.

◦ This Section seek to afford all people free access to courts and adequate legal assistance. Of course,
access to courts and legal assistance is not an issue for those with adequate financial capabilities, so this
right thus serves to protect those low paid employees, domestic servants and laborers.
◦ Section 12. (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the presence of counsel.
◦ (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
◦ (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
◦ (4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

◦ MIRANDA RIGHTS
◦ Right against the use of torture, force, violence, threat and intimidation (an officer are not allowed to slap,
beat, threaten, intimidate the accused)
◦ Rights of an accused under Custodial Investigation:
◦ Custodial Investigation – any questioning initiated by law enforcement officers after a person has been taken
into custody.

◦ Miranda Rights – constitutional requirement that once an individual is detained by the police, there are
certain warnings a police officer is required to give to a detainee.
1. Right to remain silent – expressly invoke them by saying something
2. Right to competent and independent counsel, preferably of his own choice.
3. Right to be informed of such rights

◦ Waiving Miranda Rights: must be in writing, with presence of a counsel (talk to a lawyer)
◦ Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released
on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

◦ RIGHT TO BAIL
◦ Bail – a cash, a bond, or property that an arrested person gives to a court to ensure that he or she will
appear in court when ordered to do.

◦ GR: Any person accused or detained has the right to invoke bail.
◦ XPN: when the crime committed is punishable by reclusion perpetua (imprisonment of at least 20 years
and one day to a maximum of 40 years) and the evidence of guilt is strong.

◦ Right against the infliction of death penalty

◦ Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
◦ (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his failure
to appear is unjustifiable.

◦ RIGHT TO PRESUMPTION OF INNOCENCE – innocent until proven guilty

◦ Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

◦ WRIT OF HABEAS CORPUS – “you may have the body”

◦ Illegal detain

◦ A right to make the government to prove to a judge that your arrest and detainment are justified.
◦ You may file a writ of habeas corpus when you feel like you were wrongfully imprisoned (an official
request to have a day in court)

◦ Purpose: to control the police and any government entity and make sure that they don’t abuse their
power.

◦ When writ of habeas corpus suspended: invasion or rebellion, when public safety requires it.
◦ Sec 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

◦ RIGHT TO SPEEDY, IMPARTIAL PUBLIC TRIAL

◦ Speedy – the court shouldn’t delay the trial, otherwise, would prolong the agony of the accused.
◦ Impartial – fair Judicial System
◦ Public – open to public, anyone may attend the trial,
◦ Sec 17. No person shall be compelled to be a witness against himself.

◦ RIGHT AGAINST SELF-INCRIMINATION – forbids the government from compelling an imprisoned

to give testimonial evidence that will likely incriminate him during a criminal case. (it covers testimonial
compulsion and compulsion to produce real or physical evidence using the body of the accused.

◦ Self-incrimination – giving of evidence that might tend to expose the witness to punishment for crime
Sec 18. No person shall be detained solely by reason of his political beliefs and aspirations
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.

◦ Right not to be detained by a reason of political beliefs and aspirations – it guarantees the people to freely
express their political beliefs and aspirations without fear of arrest or prosecution.

◦ Right against involuntary servitude – compulsory service

◦ XPN to prohibition:
1. Punishment of the crime
2. The case of personal, military, or civil service in defense of the State
3. In compliance to a return to work order issued by the DOLE
4. Army or naval enlistment
5. Exercised by parents on children
◦ Sec 19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
◦ The employment of physical, psychological, or degrading punishment against any prisoner or
detainee, or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

◦ Right against excessive fines

◦ Fine – the money imposed by the court as a punishment for the crime
◦ Excessive when: it is unreasonable and beyond the limits prescribed by the law

◦ Right against cruel, degrading, inhumane punishment

◦ SEC. 20. No person shall be imprisoned for debt or nonpayment of a poll tax.

◦ NON-IMPRISONMENT FOR DEBT OR NONPAYMENT OF A POLL TAX

◦ Limitations:
1. Creditors can still bring to the court to demand and enforce payment of your debts.
2. If the person is guilty of estafa, the crime of obtaining money dishonestly or by trickery, he will
be sent to jail.
◦ SEC. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

◦ RIGHT AGAINST DOUBLE JEOPARDY – a person can only be charged once by the court.

◦ Double Jeopardy – a person is twice put at the risk of conviction for the same act or offense.

◦ Limitations:
1. applies to criminal cases only
2. It does not protect defendants from multiple prosecutions for multiple offenses
SEC.22. No ex-post facto law or bill of attainder shall be enacted.

◦ EX POST FACTO LAW - An ex post facto law is a law that retroactively changes the legal consequences
(or status) of actions that were committed, or relationships that existed, before the enactment of the law.

◦ When does ex post facto law apply?

1. If it makes a person a criminal because of an act that was not a crime when committed.
2. Aggravated the crime or makes it greater when it was committed.
3. Changes the punishment of a crime and inflicts greater punishment.
4. Decreases the amount of evidence required for a conviction.

◦ Limitation: applicable only in criminal cases.

◦ BILL OF ATTAINDER – a legislative act that imposes punishment without a trial.