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THE BILL OF RIGHTS

BILL OF RIGHTS – may be defined as a declaration and enumeration of a person’s rights and privileges
that the Constitution is designed to protect against violation by the government or by an individual or
group of individuals. It is a charter of liberties for the individual and a limitation upon the power of the
State.

Section 1 THE RIGHT DUE PROCESS AND EQUAL PROTECTION

Meaning of due process of law


Any deprivation of life, liberty, or property by the State is with due process if it is done:
a. Under the authority of a law that is valid or of the Constitution itself.
b. After compliance with fair reasonable methods of procedure prescribed by law.
Aspects of Due Process of Law
1. Procedural due process – refers to the method or manner by which the law is enforced. An
indispensable requisite of this aspect is the requirement of notice and hearing.
2. Substantive due process – a principle allowing courts to protect certain fundamental rights from
government interference, even if procedural protections are present or the rights are not
specifically mentioned elsewhere in the Constitution.
PROCEDURAL DUE PROCESS
1. Judicial proceedings – procedural due process has its application in judicial proceedings, civil, or
criminal. It requires an impartial court clothed by law with the authority to hear; jurisdiction
lawfully acquired over the person of the defendant or property, which is the subject matter of
the proceedings; opportunity to be heard given the defendant; judgment to be rendered after
the lawful hearing.
2. Administrative proceedings – is a non-judicial determination of fault and may include, in some
cases, penalties of various forms. They are typically conducted by the government or mmilitary
institution.
SUBSTANTIVE DUE PROCESS
Requires that the law itself, not merely the procedures by which the law would be enforced, is
fair, reasonable and just.

Section 2 THE RIGHT AGAINST SEARCHES AND SEIZURES WITHOUT A WARRANT


Search and seizures are unreasonable unless authorised by a validly issued search warrant or
warrant of arrest.

Warrants may be issued upon probable cause, the existence thereof is determined personally by
the judge. The judge must examine under oath the complainant and witnesses he may produce. The
warrant must particularly describe the place to be searched and person, or things to be seized.
 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.
Section 3 THE RIGHT TO PRIVACY
R.A. 4200 (ANTI-WIRETAPPING ACT)
1. The law does not distinguish between a party to the private communicationor a third person. Both
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
2. The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200

Section 4 FREEDOM OFSPEECH AND EXPRESSION


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.

 FREEDOM OF SPEECH – the doctrine on freedom of speech was formulated primarily for the
protection of “core” speech, such as speech which communicates political, social, religious,
ideas. These enjoy the same degree of protection. Commercial speech, however, does not.

Section 5 FREE EXERCISE OF RELIGION


The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed.

Section 6 THE RIGHT OF OF ABODE AND RIGHT TO TRAVEL


Rights guaranteed under section 6:
1. Freedom to choose and change one’s place of abode
2. Freedom to travel within the country and outside.
Section 7 THE RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERNS
Rights guaranteed under section 7
1. Rights to information on matters of public concern
2. Rights to access to official records and documents

Person entitled to the above rights:


Only Filipino citizens.

Section 8 THE RIGHT TO FORM ASSOCIATIONS


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. The right also covers the
right not to join any associations.

Section 9 THE RIGHTS FOR PRIVATE PROPERTY


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 THE CONGRESS.
2. LOCAL GOVERNMENT UNITS
3. PUBLIC UTILITIES

When is the exercise of the power of eminent domain necessary?


When the owner does not want or opposes the same of his property. Thus, if a valid contract exists
between the government and the owner, the government cannot exercise the power of eminent
domain.

Section 10 PROTECTION AGAINST IMPAIRMENT OF CONTRACTUAL OBLIGATIONS


When does the law impair the obligation of contracts?
 If it changes the terms and conditions of a legal contract either as to the time or mode of
performance.
 If it imposes new conditions or dispenses with those expressed.
 If it authorises for its satisfacation 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 the contract.

Section 11 RIGHT TO FREE ACCESS TO COURTS


Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.

Section 12 RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN SILENT AND TO HAVE COMPETENT AND
INDEPENDENT COUNSEL.
Rights of a person under investigation for the commission of an offense code:
1. Right to remain silent
2. Right to have competent and independent counsel and preferably of his own choice
3. Right to be provided with the services of counsel if he cannot afford the services of one.
4. Right to be informed to these rights.

Section 13 THE RIGHT TO BAIL


Who are entitled to bail:
All persons actually detained shall, before conviction, be entitled to bail.
Who are not entitled to bail:
1. Persons charged with offenses punishable by reclusion perpetua or death , when evidence of
guilt is strong
2. Persons convicted by the trial court. Bail is only discretionary pending appeal
3. Persons who are member of the AFP facing court martial

Section 14 RIGHTS OF AN ACCUSED


No person shall be held to answer for a criminal offense without due process of law.
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 on his behalf.

Section 15 THE RIGHT OF HABEAS CORPUS


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

Section 16 THE RIGHT TO SPEEDY DISPOSITION


Distinction between Sec. 14 and Sec. 16, while the rights of an accused only applies to the trial
phase of criminal cases. Section 16 COVERS all phases of judicial, quasi-judicial or administrative
proceedings.

Section 17 THE RIGHT AGAINST SELF-INCRIMINATION


When is a queation incriminating:
A question tends to incriminate when the answer of the accused or the witnesses would
establish a fact which would be a necessary link in a chain of evidence to prove the commission of a
crime by rhe accused or the witness.

Scope of the right:


1. 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.
2. 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.
3. The accused cannot be compelled to produce a private document in his possession which might
tend to incriminate him.

Section 18 THE RIGHT TO POLITICAL BELIEFS AND ASPIRATIONS


No person shall be detained solely by reason of his political beliefs and aspiration.
No involuntary servitude in any form shall exist except as a punishment for a crime.
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no matter what form
of such servitude may be disguised.

Exceptions:
a. Punishment of a crime for which the party has been duly convicted
b. Personal military or civil service in the interest of national defense
c. Return to work order issued by the DOLE Secretary or the President.

Section 19 THE PROHIBITION AGAINST CRUEL, DEGRADING OR INHUMAN PUNISHMENT


When is a penalty “cruel, degrading, and inhuman?”
1. A penalty is cruel and inhuman if it involves torture or lingering suffering.
2. A penalty is degradin if it exposes a person to a public humiliation.

Section 20 PROTECTION AGAINST IMPRISONMENT FOR DEBTS


No person shall be imprisoned for debt or non-payment of poll tax
Definition of debt under Sect. 20
Debt refers to a contractual obligation, whether express or implied, resulting in any liability to
pay money. All other types of obligations are not within the scope of this prohibition.
If an accused fails to pay the fine imposed upon him, this may result in his subsidiary
imprisonment.

Section 21 THE RIGHT AGAINST DOUBLE JEOPARDY


If a person was charged with a criminal offense and the case was terminated without his express
consent, that person can never be tried once more of the same offense.

Section 22 PROHIBITION OF EX POST FACTO LAWS AND BILLS OF ATTAINDER


EX POST FACTO LAW
An ex post facto law (literal meaning: out of the aftermath) is a law that retroactively changes
the legal consequences (or status) of actions that were commited, or relationships that existed before
the enactment of the law. It may criminalise actions that were legal when committed; it may aggravate
a crime by bringing it into more severe category than when it was commited; it may change the
punishment for a crime as by adding new penalties or extending sentences; or it may alter the rules of
evidence in order to make a conviction for a crime likelier that it have been when the deed was
committed.
BILL OF ATTAINDER
Is a legislative act which inflicts punishment without judicial trial. If the punishment is less than
death, the act is termed a bill of pains and penalties.