BILL OF RIGHTS

 This is 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.
 Political rights – granted by law to members of
community in relation to their direct or indirect
participation in the establishment or administration of
government;
 Civil rights – rights which municipal law will enforce
at the instance of private individuals, for the purpose
of securing them the enjoyment of their means of
happiness;
 Social and economic rights
 Human rights
 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.
life,
liberty,
property
 That which hears before it
condemns, which proceed
upon inquiry and renders
judgment only after trial
(Dartmouth College Case).
 Allowed by the parliament to
trial by combat with his
accuser…
1. Notice & Hearing

“Where art thou, Adam?”

(Gen. 3:9)

“Didst thou eat of the

forbidden fruit?”
(Gen.3:11)
 MagnaCarta (1215) – King
John of England at
Runnymede, near Windsor,
on 15 June 1215

“No man shall be taken or
imprisoned or disseized or
outlawed, or in any manner
destroyed; nor shall we go upon
him, nor shall we go upon him,
or send upon him, but by the
lawful judgment of his peers or
by the law of the land.”
 LAW OF THE LAND – “no
man, of what state or
condition whoever he be,
shall be put out of his
lands, or tenements, nor
taken, nor imprisoned,
nor indicted, nor put to
death, without he be
brought in to answer by
due process of law.”
 King Edward III
 Natural
- citizens
- alien
 Artificial
- subject to the
control of the
legislature
 To take away forcibly, to
prevent from possessing,
enjoying or using
something
 Denial of right to life,
liberty or property
 Deprivation per se…
 Includes right of individual to
his body in its completeness,
free from dismemberment
and extends to the use of
God-given faculties which
make life enjoyable.
 Includes right to exist;
right to be free from
arbitrary personal
restraint and servitude;
and right to use faculties
in a lawful ways.
 Anything that can
come under the
rights of ownership
and be the subject of
contract
 Jose P. Laurel (1934 Con-Con) –
no precise definition…

 Jus. Fernando – responsive to

the supremacy of reason,
obedience to the dictates of
justice.”

 Jus. Frankfurter (US SC) –

“embodiment of the sporting
idea of fair play.”
1. Substantive –
requisites:
a. Interest of the public;
b. Means employed are
reasonably necessary
for accomplishment of
purpose and not duly
oppressive.
2. Procedural – requisites:
a. An impartial court or
tribunal clothed with
judicial power to hear and
determine matter before it;
b. Jurisdiction properly
acquired over person of
defendant and over property
which is subject of
proceeding;
c. Opportunity to be heard;
d. Judgment rendered upon
lawful hearing and based on
evidence adduced.
 Not a natural right
 Not a part of due
process
 Once given, denial
constitutes violation
of due process
 All persons or things
similarly situated must be
similarly treated both as to
rights conferred and
responsibilities imposed.
 Such classification rest upon
substantial distinctions;
 It is germane to the purpose
of the law;
 It is not confined to existing
conditions;
 It applies equally to all
members of the same class
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.
 Protects all persons, including aliens and, to a limited
extent, artificial persons.
1. PROBABLE CAUSE – such
facts and circumstances which
would lead a reasonable discreet
and prudent man to believe that
an offense has been committed
and that the objects sought in
connection with the offense are
in the place sought to be
searched…
2. Determination of
probable cause personally
by the judge.
3. After examination under oath or
affirmation of the complainant
and the witness he may produce
4. Particular description
of the place to be searched
and the things or person
to be seized.
  Properties Subject to
Seizure
1. Subject of the offense
2. Stolen and embezzled
property and other
proceeds or fruits of the
offense
3. Property used or intended
to be used as a means for
the commission of the
offense.
  Sec. 5, Rule 113 of Rules of Court
1. When the person to be arrested has committed, is
actually committing, or is attempting to commit an
offense.
2. When an offense has been committed and arresting
officer has personal knowledge of the facts indicating
that the person to be arrested has committed it.
3. When the person
to be arrested is an
escapee or detention
prisoner.
4. When right has been voluntarily waived such as
posting of bailbond.
 A warrant for the apprehension of a person whose true
name is unknown. Satisfies the constitutional
requirement particularity if there is some discriptio
personae.
I. When right has been
voluntarily waived;

Requisites:
1. Existence of the right
2. Person has knowledge of
the existence of the right
3. Said person had an actual
intention of
relinquishing such right
II. As an incident to a lawful
arrest, provided search is
cotemporaneous and within
permissible area of search
III. Searches of vessel and
aircraft for violation of
fishery, immigration and
customs laws.
IV. Inspection of
buildings and other
premises for the
enforcement of fire,
sanitary and building
regulation.
V. Where prohibited
articles are in “plain
view”
 Object within the sight
of an officer who has
the right to be in the
position to have that
view are subject to
seizure and may be
presented as evidence.
  Exclusionary Rule
(Sec. 3 par. 2, Art. III)
Evidence obtained in violation
of this (sec. 3, Art. III), shall be
inadmissible for any purpose in
any proceedings.
 Inviolable, except:
1. Lawful order of the court
2. Public safety/order
requires otherwise, as
may be provided by law

*** includes tangible and

intangible objects
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 from censorship
or prior restraint;
 Freedom from subsequent
punishment
1. Clear and Present Danger Rule – when words are used
in such circumstance and of such nature as to create a
clear and present danger that will bring about
substantive evil that the State has the right to prevent.
2. Dangerous Tendency Rule – words uttered create a
dangerous tendency of an evil which state has the right
to prevent.
3. Balancing of Interest Test – when particular conduct is
regulated in interest of public order, and the regulation
results in an indirect, conditional, partial abridgment of
speech, the duty of the courts is to determine which of
the two conflicting interest demands the greater
protection under the particular circumstances
presented.
 Not subject to prior restraint
 If held in public places – permit
 Public Assembly Act of 1985 (BP 88O)
 Regulation vs. prohibition
 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.
 State cannot set up a
church;
 Cannot pass laws w/c aid
one religion, all religion
or prefer one over
another;
 Nor influence a person to
go to or remain away
from church against his
will;
 Force him to profess a
belief or disbelief in any
religion.
 G.R. No. L-13954 August 12, 1959
GENARO GERONA, ET AL., petitioners-appellants,
vs.
THE HONORABLE SECRETARY OF EDUCATION, ET
AL., respondents-appellees

 – RA 1265 compulsory flag ceremony in all public

school
 - “if the exercise of said religious belief clashes with the
established institution of the society and with the law,
then the former must yield and give way to the latter.”
 G.R. No. 95770 March 1, 1993
ROEL EBRALINAG, EMILY EBRALINAG petitioner , vs.
THE DIVISION SUPERINTENDENT OF SCHOOLS OF
CEBU, respondent.

- There is a need for a delicate balancing of legitimate

interest of the state in education of the young and the
equally legitimate interest of parents in the religious
upbringing of their children.
 Freedom to believe –
ABSOLUTE

 Freedom to act on one’s

belief - REGULATED
 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.
: lawful order of the court
a. Interest of nationality security
b. Public safety; or
c. Public health

• As may be provided by law

 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.
1.Right to information to matters of
public concern; and
2.Corollary right of access to official
records and documents.
•Subject to such limitations as may be
provided by law.

 Political rights available to citizens

only (Bernas, p.85)
 Public Concern – embraces subjects
which the public may want to know,
either because these directly affect
their lives or simply because such
matters arouse the interest of an
ordinary citizen.
 What information will remain classified?
 Information specifically authorized to be kept secret under guidelines
established by an executive order, and properly classified.
 The records of minutes and advice given and opinions expressed during
decision-making or policy formulation, invoked by the Chief Executive to be
privileged by reason of the sensitivity.
 Information pertaining to internal and/or external defense, law enforcement,
and border control.
 Drafts of orders, resolutions, decisions, memoranda, or audit reports by any
executive, administrative, regulatory, constitutional, judicial, or quasi-judicial
body.
 Information obtained by any committee of either house of Congress in
executive session.
 Personal information of a natural person other than the requesting party.
 Information pertaining to trade secrets and commercial or financial
information that would seriously prejudice industrial, financial, or commercial
competition. (See Section 6g for details.)
 Information classified as privileged communications in legal proceedings by
law or by the Rules of Court.
 Information exempted by law or the Constitution.
 What are the advantages of this bill compared to the prior bills filed in Congress?
 This proposed bill expanded access to financial information, such as SALNs of
government officials, and access to other kinds of information, such as
transactions by incorporating a provision making the posting/publication
mandatory. The public is spared the tedious work of trying to access certain
information from different agencies when the information is made available in
one portal, the Official Gazette website (www.officialgazette.gov.ph) being the
official publication for the following information:
 – Important legislative acts and resolutions of a public nature of the Congress
of the Philippines;
 – Executive and administrative orders and proclamations of general application;
 – Decisions or abstracts of decisions of the Supreme Court and the Court of
Appeals or other courts of similar rank, as may be deemed of sufficient
importance to be so published;
 – Such documents or classes of documents as the President shall determine to
have general application.

 The bill asks government agencies to translate key information into major
Filipino languages and present them in popular form and means.
 All government agencies are required to prepare a Freedom of Information
Manual that will contain details and procedures and serve as a guide on the
matter.
 The bill integrates open data provisions, which mandates a regular and pro-
active release of government data in open and machine-readable formats.
 Who can ask for information?
-Every Filipino citizen.

 To whom can we ask for information?

-All government agencies (specifically defined under section 3
of the proposed bill).

 What information will be made available?

-All information pertaining to official acts, transactions, or
decisions, as well as government research data used as a basis
for policy development, regardless of its physical form or
format.
 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 from associations
shall not be impaired
without the due process of
law.

 Also guarantees the right

not to join an association.
Private property shall not be taken for public use without
just compensation.
 No law impairing the obligation of contracts shall be
passed
Impairment – anything
that diminishes the
efficacy of contract.

Limitations:
 1. Police power ¬–
prevails over contract.
 2. Eminent domain –
may impair obligation
of contracts.
 3. Taxation – cannot
impair obligation of
contracts.
 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.
 (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.
 Custodial Investigation – any questioning initiated by the
law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of
action in any significant way.
 When Available
 the investigation is no longer
a general inquiry into an
unsolved crime but has
begun to focus on particular
suspect, the suspect has been
taken into police custody, the
police carry out a process of
interrogation that lends itself
to eliciting incriminating
statements (People v. Mara,
55 SCAD 418).
 2/more people independently
confessing

 makes it admissible as
corroborative evidence of other
facts that tend to establish the
guilt of his co-accused. (Santos v.
Sandiganbayan, 400 Phil. 1175,
1206 {2000})
 constitute an exception to the
general rule that extrajudicial
confessions/admissions are
admissible in evidence only
against the declarants thereof”.
(PEOPLE vs. REYES [2009]).
 Rights guaranteed:
 Right to remain silent;
 Right to have competent and
independent counsel preferably of his
own choice;
 Right to be informed of such rights;
 Right to be provided with counsel, if
the person cannot afford the service
of the former;
These rights cannot be waived except in
writing and in the presence of counsel.
 No force, etc., vitiates free will shall
be used;
 Secret detention places, etc., are
prohibited; and
 Confesson/admission obtained in
violation of rights are inadmissible in
evidence.
 Rights of Person Suspected and
subsequently Charged:
I. Before case is filed in court/prosecutor for preliminary
investigation but after being put into custody or otherwise
deprived of liberty, and on being interrogated by police –
a. To remain silent;
b. To be informed thereof;
c. Not to be subjected to force, violence, threat, intimidation
which vitiates free will;
d. To have evidence obtained in violation of these rights
inadmissible in evidence.
II. After the case is filed in court –
a. To refuse to be witness;
b. Not to have prejudice imputed on
him as a result of such refusal;
c. To testify on his own behalf;
d. To cross-examination;
e. While testifying to refuse to answer
questions which tends to incriminate
him for some crime other than present
charge.

 (Gen. Inquiry – Not Violative

(during police lineup)
 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.
Bail – security given for the release of a
person in custody of law, furnished by him
or a bondsman, conditioned upon his
appearance before any court as may be
required (Sec. 1, Rule 114,
rules of Court).
When available:
1. once detention commences even if no
formal charges have yet to be filed (see
Teehankee v. Rovira, 75Phil. 634).
2. Suspension of the writ of habeas corpus
does not suspend right to bail.
3. Right to bail have not been recognized
and is not available to the military.
 A writ of habeas corpus is used to
bring a prisoner or other detainee
(e.g. institutionalized mental
patient) before the court to
determine if the person's
imprisonment or detention is
lawful. A habeas petition proceeds
as a civil action against the State
agent (usually a warden) who
holds the defendant in custody.
 Financial ability of accused;
 Nature and circumstances of offense;
 Penalty for offense charged;
 Character and reputation accused;
 Age and health of accused;
 Weight of evidence against him;
 Probability of his appearance at trial;
 Forfeiture of other bonds by him;
 He was a fugitive from justice when
arrested; and
 Pendency of other cases where he is
also under bail (Sec. 9, Rule 114, Rules
of Court).
 It is a matter of right when the offense charged is not
punishable by death, reclusion perpetua or life
imprisonment.
 It is a matter of discretion on the part of the judge when
upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life
imprisonment.
 It is outrightly denied when accused is charged with a
capital offense, or an offense punishable by reclusion
perpetua or higher, and evidence of guilt is strong or when
an accused is charged with a crime punishable by reclusion
perpetua is convicted by the trial court and sentenced to
suffer such a penalty.
 (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.
 1. Criminal Due process:
a. accused to be heard in court of
competent jurisdiction;
b. accused proceeded against
under orderly process of law;
c. accused given notice and
opportunity to be heard; and
d. judgment rendered was within
authority of a constitutional law
(Mejia v.Pamaran, supra.).
 2. Presumption of innocence –
 Every circumstance favoring the innocence
of the accused must be taken into account.
 The proof against him must survive the test
reason; the strongest suspicion must not be
permitted to sway judgment (People v.
Austria, 195 SCRA 700)
 The presumption that official duty was
regularly performed cannot, by itself, prevail
over the constitutional presumption of
innocence.

 Equipoise or Equiponderance of Evidence -

evidence of both sides are equally
balanced.
Effect in Criminal Prosecution: Acquittal of
accused because of failure to overcome
presumption of innocence.
 4. Rights to be Informed of nature
and cause of accusation against
him
 Description not designation of
the offense controls.
 Void-for-Vagueness Rule -
accused is denied the right to be
informed of the charge against
him, and to due process as well,
where the statute itself is
couched in such in indefinite
language that it is not possible for
men of ordinary intelligence to
determine therefrom what acts or
omissions are punished and,
hence, shall be avoided (Nachura,
p. 95).