Article III Bill of Rights

What is Bill of Rights?

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Also known as the Charter of Liberty

Declaration and enumeration of a persons basic rights and privileges which the Constitution
is designed to protect against violations by the government, or by an individual or group of
individuals.

Classes of Rights
1.

Natural rights rights possessed by every citizen without being granted by the State
Given to man by God as a human being created in his image
Examples: right to liberty, property, love
2. Constitutional Rights conferred and protected by the Constitution, cannot be modified or
taken away
3. Statutory rights rights provided by law-making body (may be abolished by the same body)
Classification of Constitutional Rights
Political rights rights of the citizens which gives them the power to participate, directly or
indirectly, in the establishment or administration of the government
Right of Citizenship
Right of Suffrage
Right to information on matters of public concern
Civil rights rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness
Right to due process and equal protection of the laws
Against involuntary servitude
Imprisonment for non-payment of debt or poll tax
Constitutional rights of the accused
Social and Economic Rights
Religious Freedom
Liberty of Abode and of changing the same
Right against impairment of obligation of a contract
Freedom of speech*
Right of assembly and petition*
Right to form associations*
Some partake the nature of political rights when they are utilized as a
means to participate in the government.
Social and economic rights rights intended to insure the well-being and economic security
of individual
Right to property
Right to just compensation for private property taken for public use
Articles promoting social justice, the conservation and utilization of natural
resources, promotion of education, science and technology, and arts and
culture
Rights of the accused they are (civil) rights intended for the protection of a person accused
of any crime
1. The right to adequate legal assistance. (section 11)
2. The right, when under investigation for the commission of an offense, to be informed of his
right to remain silent and to have a counsel.

3. The right against the use of torture, force, violence, threat, intimidation or any other means
which vitiates the free will. (Section 12)
4 .The right against being held in secret, incommunicado, or similar forms of solitary detention.
5. The right to bail and against excessive bail. (Section 13)
Who may not invoke the right to bail?
a.When the applicant is not yet in custody of law
b.It is not available to one charged with capital offense or an offense punishable by
reclusion perpetua.
c.No bail shall be allowed after the judgment has become final, or after the accused has
commenced to serve sentence.
6. The right to due process of law. (section 14)
7. Right to presumption of innocence.
8. The right to be heard by himself and counsel.
What is the importance of trial?
Can there be a trial with the absence of the accused?
Yes, provided that the accused;
a.has been arraigned;
b.Has been duly notified of the trial;
c.Failure to appear is unjustifiable
9. The right to be informed of the nature and cause of the accusation against him.
10 .The right to have a speedy, impartial and public trial.
11. The right to face the witness face to face.
12. The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. (Section 14 p.2)
2 ways
Under the rules of court, an accused person is entitled to have subpoenas (order to a
person to appear and testify in court) issued to compel the attendance of witnesses in his
favor, including a warrant of arrest if needed.
He may also ask the court to order a person to produce in court certain documents,
articles, or other evidence and testify to court. This order is what we called subpoena
duces tecum.
13. The right against self-incrimination. (Section 17)
14. The right against detention by reason of political beliefs and aspiration. (Section 18)
15. The right against excessive fines.
16. The right against cruel, degrading or inhuman punishment.
17. The right against infliction of the death penalty except for heinous crimes.
18. The right against double jeopardy. (Section 21)
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.
Due process (1) Under the authority of the law that is valid (Substantive due process) (2) After compliance
with fair and reasonable methods of procedure prescribed by law (Procedural due process)
Life all the limbs and faculties by which life is enjoyed
Liberty right of man to use his faculties
Property thing itself or the right over the thing
Equal protection of the laws all persons subject to legislation should be treated alike, under like
circumstances and conditions both in the privileges conferred and liabilities imposed.
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.
Search warrant order in writing issued in the name of P of Ph, signed by a judge and directed to a peace
officer, commanding him to search for certain personal property and bring it before the court
Warrant of arrest arrest a person designated
Persons to everybody IN the Philippines, corporation are also protected to the extent of their property
Houses doesnt extend to the open spaces and fields belonging to one
Papers and effect sealed letters and packages in the ,ao;
Probable cause such facts and circumstances antecedent to the issuance of a warrant sufficient in
themselves to induce a cautious man to rely upon them and act in pursuance thereof
Section 6
The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may
be provided by law.
Liberty of abode and travel right of a person to have his home in whatever place chosen by him and
thereafter to change it at will, and to go where he pleases without interference from any source.
Violation of liberty of abode petition for writ of habeas corpus
Section 9
Private property shall not be taken for public use without just compensation.
Three great powers of the government:
(1) Eminent Domain right or power of the State or of those to whom the power has been lawfully
delegated to take private property for public use upon paying to the owner a just compensation to
be ascertained according to law
(2) Police Power power of the State to enact such laws or regulations in relation to persons and
property as may promote public health, public morals, public safety and the general welfare and
convenience of the people (Salus populi est suprema lex, sic utere tuo ut alienum non laedas)
(3) Taxation power of the State to impose charge or burden upon persons, property, or property
rights, for the use and support of the government and to enable it to discharge its appropriate
functions.
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.
Arraignment made in open court by the judge or clerk and consists in furnishing the accused a copy of
complaint or information with the list of witnesses, reading the same in the language or dialect known to
him and asking him whether he pleads guilty (if he admits the accusation against him) or not guilty (if
not)
Right to due process of law in criminal cases accused must be tried before a competent
court, given a fair and impartial trial, and allowed to use all legal means and opportunity to
defend himself, and the judgment awarded against hum must be within the authority of a
valid law.
Right to presumption of innocence presumed innocent until contrary is proved
Right to be heard by himself and counsel shall be entitled xxx to be present and defend in
person and by counsel, personally enter his plea, present in arraignment, 2 days to prepare
for trial, the court shall inform the accused of his right to counsel
Right to be informed of the nature and cause of the accusation against him the criminal
complaint must be sufficiently clear to a person of ordinary intelligence, made fully aware of
the potential loss of freedom
Right to have a speedy, impartial and public trial
Right to confrontation of witnesses right to meet the witness face to face
Right to compulsory production of witnesses and evidence subpoena duces tecum
Section 19
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the 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.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
Bail security required by a court and given for the provisional or temporary release of a person who is in
the custody of the law conditioned upon his appearance before any court as required under the conditions
specified.
Purpose: to relive an accused from imprisonment until his conviction and yet secure his
appearance at the trial
May be in the form of cash deposit, property bond, bond secured from a surety company, or recognizance.
Who may invoke the right to bail
(1) Any person arrested
(2) Detained
(3) Deprived of liberty
(whether or not a criminal complaint has been filed against him)
Cannot be invoke where the applicant is not yet in custody of the law, not available to one charged with
capital offense, or an offense punishable by reclusion perpetua, life imprisonment, or death if the evidence
of his guilt is strong, or after the judgment has become final or after the accused has commenced to serve
sentence
Section 22

No ex post facto law or bill of attainder shall be enacted.

Ex post facto one operating retrospectively
(1) Makes an act done before the passage of a law, innocent when done, criminal, and punishes such
act
(2) Aggravates a crime or makes it greater than when it was committed
(3) Changes the punishment and inflicts a greater punishment than what the law annexed to the
crime when committed
(4) Alters the legal rules of evidence and receives less testimony from what the law required at the
time of the commission of the offense, in order to convict the offender
Bill of attainder/Bill of pains and penalties a legislative act which inflicts punishment without a judicial
trial