22.

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

HISTORICAL BACKGROUND Based on the Magna Carta (feudal charter of liberties issued in 1215 at Runnymede by King John under the coercion of barons and a group of churchmen under Langton Attempted to protect the rights of the barons against encroachment by the royal prerogative DEFINITION OF THE BILL OF RIGHTS A set of prescriptions setting forth the fundamental civil and political rights of the individual and imposing limitations on the powers of government as a means of securing the enjoyment of those rights NATURE OF THE BILL OF RIGHTS The Bill of Rights cannot be invoked against acts of private individuals, being directed only against the government and its law enforcement agencies as a limitation on official action BASIS OF THE BILL OF RIGHTS The transcendental (beyond natural) worth and dignity of the individual PURPOSE OF THE BILL OF RIGHTS To preserve democratic ideals, to safeguard fundamental rights and to promote the happiness of the individual.

22.2

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

CLASSES OF RIGHTS 1. NATURAL RIGHTS rights that are inherent and inalienable, pertaining to all human persons and given to him by his creator. E.g. right to life and to love. CONSTITUTIONAL RIGHTS rights conferred upon the individual by the Constitution and guaranteed by the same. STATUTORY RIGHTS rights given by laws passed by the legislature. E.g. right to minimum wage

2.

3.

CLASSES OF CONSTITUTIONAL RIGHTS 1. POLITICAL RIGHTS rights of a citizen as regards to his participation in the administration of government. CIVIL RIGHTS all other rights to secure for the individual his means of securing his happiness, including social, economic and rights of the accused.

2.

22.3

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 1: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied he equal protection of the law. LIFE includes the rights of an individual to his body in its completeness, free from dismemberment, and extends to the use of God given faculties which makes life enjoyable. LIBERTY some of the chief elements of such guarantee to liberty are the rights to contract, to choose ones employment, to labor, and to movement or locomotion PROPERTY anything that can come under the right to ownership and be a subject of a contract, which includes not only the right to own, but to secure, use and dispose of as well.

22.4

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

WHAT IS DUE PROCESS? A law that hears before it condemns, which proceeds upon inquiry and renders judgment only after trial Responsive to the supremacy of reason, obedience to the dictates of justice.

TWO ASPECTS OF DUE PROCESS PROCEDURAL DUE PROCESS Refers to the method or manner by which the law is enforced. Its basic elements are notice, opportunity to be heard, and jurisdiction SUBSTANTIVE DUE PROCESS requires that the law made by the government must be reasonable. To be reasonable, it should have the following requisites (required): The interest of the public in general as distinguished from those of a particular class require the intervention of the State. The means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.

22.5

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

REQUISITES FOR JUDICIAL PROCEDURAL DUE PROCESS An impartial court or tribunal clothed with judicial power to hear and determine the matter before it. Jurisdiction properly acquired over person of defendant and over property which is the subject matter of proceeding. Opportunity to be heard Judgment rendered upon lawful hearing and based on evidence adduced. REQUISITES FOR CRIMINAL DUE PROCESS Accused has been heard in court of competent jurisdiction Accused is proceeded against under the orderly processes of law Accused is given notice and opportunity to be heard Judgment rendered within authority of constitutional law REQUISITES FOR ADMINSITRATIVE DUE PROCESS Right to a hearing including right to present ones case and evidence to support it The tribunal must consider the evidence adduced (brought forward as evidence) The decision must be substantial The decision must be based on evidence adduced, or at least contained in the records and disclosed to the parties The decision must be rendered by an independent tribunal or judge The tribunal should in all controversial questions, render its decision in such a manner so that parties can know the various issues involved and reason for the decision. EQUAL PROTECTION OF LAW All persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. For a valid classification or division, it must be based on substantial distinction, must be germane (significantly related) to the purpose of the law, not confined to existing conditions only, and must apply equally to all members of the same class.

23.1

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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, an no search warrant or warrant of arrest shall be issued 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 palace to be searched and the persons or things to be seized. WHAT IS A SEARCH WARRANT? An order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and to bring it before the court. REQUISITES FOR A VALID WARRANT OF ARREST/ SEARCH WARRANT 1. Probable Cause the existence of such facts and circumstance antecedent (prior, preceding, before) to the issuance of the warrant that in themselves are sufficient to induce (to bring about) a cautious person to rely on them and act in pursuance thereof 2. The existence of probable cause must personally be determined by the judge not necessarily determined by the judge personally, but by looking through the records presented. After examination under oath or affirmation of the complainant and the witnesses he may produce evidence must be based on the personal knowledge of the complainant or his/ her witnesses. Particularly describing the place to be search and the persons or things to be seized the description should be as specific as the circumstances will ordinarily allow

3.

4.

23.2

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

CASES WHERE A VALID ARREST CAN BE MADE WITHOUT A WARANT OF ARREST 1. 2. When the person to be arrested has committed, is actually committing, or am attempting to commit an offense When an offense has been committed and the arresting officer has personal knowledge of the facts indicating that the person to be arrested has committed it. When the person to be arrested is an escapee or detention prisoner When the right has been voluntarily waived such as posting of bail bond

3. 4.

CASES OF VALID WARRANTLESS SEARCHES 1. 2. When the right has been voluntarily waived When the search is an incident to a lawful arrest, provided the search is contemporaneous (at the same time) to the arrest and within the permissible area of search When the authorities undertake the search of vessel and aircraft for violation of fishery, immigration and customs law Searches of automobiles at borders or constructive borders made by authorities for violation o f immigration or smuggling laws Inspection of buildings and other premises by authorities for the enforcement of fire, sanitary and building regulations Where prohibited articles are in plain view When the military conducts an area target zoning or saturation drive.

3. 4. 5. 6. 7.

23.4

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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. Section 3.2 Any evidence obtained in violation of this or the preceding section shall be inadmissable for any purpose in any proceeding. WHEN CAN SUCH PRIVACY BE VAILIDLY VIOLATED 1. 2. Upon lawful order of the court When public safety or order requires otherwise as may provided by law.

23.5

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 4: No law shall be passed abridging the freedom of speech, or expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances. WHAT IS THE BASIS OF THE FREEDOM OF EXPRESSION Philippine society is a democratic society where the people choose their leaders. IS FREEDOM OF EXPRESSION ABSOLUTE No, it is subject to the police power of the state which has the duty to protect public peace, morals, health, order, safety and general welfare.

THREE ASPECTS OF FREEDOM OF EXPRESSION 1. Freedom from censorship or prior restraint 2. Freedom of circulation 3. Freedom from liability
WHEN RALLY PERMITS ARE NOT NEEDED 1. In freedom parks 2. Inside a private property (with the permission of the owner) 3. Campuses of state colleges and universities WHEN AN EXPRESSION IS OBSCENE OR NOT 1. When the material is utterly devoid of any redeeming social importance. 2. When the average person, applying contemporary standards, considers that the dominant as a whole appeals to prurient (bringing about lasciviousness or lust) 3. When it also goes substantially beyond customary limits of candor, to the point of patent (obvious) offensiveness 4. When it involves hardcore pornography, described by one expert as a succession of increasingly erotic scenes without distracting non-erotic passages.

23.6

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment or 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. SCOPE OF THE NON-ESTABLISHMENT CLAUSE 1. The state cannot set up a church.

2.

The state cannot pass laws which aid one religion or prefer one over another.
The state cannot influence a person to go to or remain away from any church against his/ her will. The state cannot force anybody to profess a belief or disbelief in any religion.

3.

4.

ASPECTS OF FREEDOM OF RELIGIOUS BELIEF AND WORSHIP As to freedom to believe, this is ABSOLUTE AND WITHOUT LIMITATION As to freedom to act on ones belief, this is subject to the regulation of the state.

23.7

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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. CASES OF RIGHT TO TRAVEL IMPAIRED DUE TO NATIONAL SECURITY, PUBLIC HEALTH, ETC. Bringing the remains of the late President Marcos back to the Philippines in 1989 during the presidency of then President Cory Aquino SARS infected people quarantined.

24.1

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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 search data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Public concern and public interest embrace a broad spectrum of subjects which the public may want to know. The courts have the final say on the determination whether something is of public concern or not. Laws are of public concern and, therefore, must be disclosed publicly, i.e. the citizens have all the right to be informed about them.

24.2

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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 (curtailed, shortened). While such expressly guarantees the right to form unions in public and private sectors, members of civil society may not declare a strike to enforce economic demands. Workers are allowed to dissociate from or not to join a labor union despite a closed shop agreement, if they are members of any religious sect which prohibits its members to join labor unions.

24.3

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 9: Private property shall not be taken for public use without just compensation. WHICH INHERENT POWER OF THE STATE DOES THIS REFER TO? HOW DO YOU DETERMINE JUST COMPENSATION? (Discussed earlier)

24.4

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 10: No law impairing the obligation of contracts shall be passed. IMPAIRMENT Anything that diminishes the efficacy of a contract. LIMITATIONS TO THE FREEDOM TO CONTRACT 1. Police power pre-existing contracts can yield (surrender) to the reasonable exercise of police power especially with reference to the promotion of social justice. Power of eminent domain may impair contracts (as discussed earlier). Social justice cannot be invoked to trample upon the rights of property owners who are also entitled to such protection. Power of taxation Section 10 will not serve as a limitation to the power of the government to impose taxes. Freedom of religion A supreme court ruling (SCRA 54) has ruled that the free exercise of religious belief is superior to contractual rights. Reservation clause in the Constitution (Sec. 11, Article XII) provides that the operation of public utilities gives the government the right to amend, alter, or repeal franchises granted by it, they being only privileges and not property rights.

2.

3.

4.

5.

24.5

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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. SECTION 22, RULE 3 of the Rules of Court provides: Any court may authorize a litigant to prosecute his/ her action or defense as a pauper upon a proper showing that s/he has no means to that effect by affidavits, certificate of the corresponding provincial, city or municipal treasurer, or otherwise. Such authority once given shall include an exemption from payment of legal fees and free from filing appeal bond, printed record and printed brief.

25.1

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 12.1: Any person under investigation for the commission of an offense shall have the right to be informed of his/ her 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. Known as the MIRANDA Doctrine, which was fully incorporated in our Constitution. This is done usually during in-custody interrogation of accused persons or custodial investigation. The right to remain silent and to counsel may be waived but not the right to the Miranda warning.

25.2

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 12:2: No torture, force, violence, threat, intimidation, or any other means which vitiate (make legally invalid, less effective) the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Section 12:3: Any confession or admission obtained in violation of this or Section17 thereof shall be inadmissable as evidence against him. Section 12:4: 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. DUTIES OF A PEACE OFFICER FOLLOWING AN ARREST AND THE CONDUCT OF CUSTODIAL INVESTIGATION 1. 2. 3. At the time of arrest, the arresting officer shall inform the arrested person the reason for such arrest. The arrested person must be shown the warrant of arrest if any. The arrested person shall be informed of his constitutional rights to remain silent and to counsel, and that any statement he might make could be used against him/ her. The person arrested shall have the right to communicate with is lawyer, a relative or anyone s/he chooses by the fastest means. The arresting officer shall see to it this is done. No custodial investigation shall be conducted without the presence of counsel engaged by the person arrested or appointed by the court. The right to counsel may be waived, but the waiver shall be invalid unless made with the assistance of counsel and in writing. Any statement obtained in violation of the above procedures shall be inadmissible as evidence.

4.

5. 6. 7.

25.3

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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 (security against loss) 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. BAIL the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions herein after specified. - may be given in the form of corporate surety, property bond, cash deposit, or recognizance. RECOGNIZANCE an obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial.

25.4

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 14.1: No person shall be held to answer for a criminal offencse without due process of law. Section 14.2: 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/ herself and counsel, to be informed of the nature and cause of the accusation against him/ her, 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 / her behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he/ she has been duly notified and his/ her failure to appear is unjustifiable. 1. 2. 3. A critical component of criminal due process is a hearing before an impartial and disinterested judge. During the trial, the right of the accused to counsel is not subject to waiver because he may not without skills in the science of law. The right to a speedy trial is violated only when the proceeding is attended by vexatious (annoying), capricious (unpredictable changes), and oppressive delays, or when unjustified postponements of the trial are asked for and secured, or when without cause or justifiable motive. The right to cross-examine complainant and witnesses is part of the right of the accused to meet witnesses face to face. The presence of the accused is mandatory during arraignment and plea, trial, for identification, and during the promulgation of sentence, unles for a light offense wherein the accused may appear by counsel or a representative. An accused who escapes from confinement, or jumps bail, or flees to a foreign country, loses his standing in court, and unless he/ she surrenders, he is deemed to have waived his/ her right to seek relief from the court, including the right to appeal conviction.

4.
5.

6.

25.5

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 15: The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the pbulic safety requires it. 1. WRIT OF HABEAS CORPUS a writ (court order) issued by the court directed to a person detaining another, commanding him/ her to produce the body of the prisoner at a designated time and place, with the day and the cause of his/ her caption and detention, to do, to submit to, and to receive whatever the court or judge awarding the writ shall consider in his/ her behalf. HABEAS CORPUS restores the liberty of an individual subject to physical restraint. HABEAS CORPUS may also be availed of in case of unlawful denial bail. In the case of desaparecidos (disappeared persons), the court shall refer the matter to the Commission on Human Rights, and hold that the burden of proof rests upon the officers who detained them and who claim to have effected the release of the detainees.

2.

3.

4.

25.6

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 16: All persons shall have the right to speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. 1. This right extends to all ciitizens, including those in the military and covers the period before, during, and after the trial. The failure to assert this right reasonably can be interpreted as a waiver of such right.

2.

26.1

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 17: No person shall be compelled to be a witness against himself (herself). 1. This right is available not only in criminal prosecution but in all government proceedings, such as civil actions and administrative and legislative investigations. This right may be claimed not only by the accused, but also by the witness. He may not, however, refuse to take the witness stand. In criminal prosecution, the accused may refuse to take the witness stand based on the right against self incrimination. This right covers not only testimonial compulsion but also covers the compulsion for the production of documents, papers, etc. that may be used as evidence against the witness, except where the state has a right to inspect the same such as books of accounts of corporations under the police or taxing powers. The right may be waived, either directly or by a failure to invoke it, provided the waiver is certain and unequivocal and intelligently made. The accused is protected under this right to be compelled to give a specimen of his/ her handwriting in a prosecution for falsificaiton. The examination of his body or body fluids are not included under this right against self-incrimination. There are two kinds of immunity: a) transactional immunity where the person whose testimony or documents is immune from criminal prosecution, and b) use and fruit immunity which renders the witness compelled testimony immune from being used in any manner as regards the criminal prosecution of the witness.

2.

3.

4.

5.

6.

7.

8.

26.2

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 18.1: No person shall be detained solely by reason of his political beliefs or aspirations. Section 18.2: No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. 1. Section 18.1 emphasizes the importance of freedom of expression given the experiences during martial law. Servitude the state of involuntary or compulsory subjections or a person to a master. Slavery - the state of entire subjection of one person to the will of another. Peonage the voluntary submission of a person to the will of another person because of his/ her debt. Numbers 2 to 4 are alls prohibited given Section 18.2. Exceptions to this are the following: Where servitude is imposed for a crime for which one has been convicted. Where personal military or civil service is required of citizens for the defense of the state. Posse comitatus a force of men/ women having legal authority is formed Where there is a return to work order by the Secretary of Labor in industries affected by public interest

2.

3.

4.

5.

26.3

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

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 imposed shall be reduced to reclusion perpetua. Section 19.2: 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. 1. Mere severity (harshness, extremely violent) does not constitute cruel or unusual punishment. To be a constitutional violation, the punishment must be flagrantly ( shockingly noticeable) and plainly oppressive, wholly disproportional to the nature of the offense as to shock the moral sense of the community. The death penalty in itself is not a cruel or unusual punishment. The Supreme Court in People vs. Echegaray upheld the validity of RA 7659 or the Death Penalty Law.

2. 3.

26.4

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 20: No person shall be imprisoned for debt or non-payment of a poll tax.

1.

A poll tax is a tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.
A person may be imprisoned for the non-payment of tax, since a tax is is not a personal debt. A person may be imprisoned for the violation of BP Bl. 22, the Bouncing Check Law, which is different from the non-payment of debt.

2.

3.

26.5

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 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 of the same act. 1. Acquittal always based on the merits, i.e. the accused has been judged to be of no guilt due to evidence beyond reasonable doubt. Legal jeopardy exists from the moment the accused has pleader to the charge, the disposition of his case being merely the consequence of the former as to prevent another prosecution.

2.

3.

Double jeopardy can only be considered: Upon a valid indictment (charged with a crime) Before a competent court After arraignment (bringing before a court) A valid plea having been entered A case dismissed or otherwise terminated without the express consent of the accused.

26.6

ARTICLE III:

THE BILL OF RIGHTS

(Philippine Governance and Constitution Book; p. 38 - 56)

Section 22: 1.

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

An ex post facto law has three characteristics: penal, retroactive, and pre-judicial. An ex post facto law is a law that Makes an act a crime, which is not criminal at the time of the commission of the same. Aggravates a crime or makes it greater than when it was committed. Changes the punishment and inflicts a higher one annexed to it when it was committed. Alters the rules of evidence and authorizes conviction upon less or different testimony than that required at the time of the commission. Assumes to regulate civil rights and remedies only, but, in effect, imposes penalties or deprives a right for something which when done was lawful. Deprives a person accused or a crime some lawful protection to which he has become entitled, like former conviction or acquittal of amnesty. BILL OF ATTAINDER a legislative act that inflicts punishment without trial.

2.