bill of rights lecture

BILL OF RIGHTS

“It is better to free the guilty than to imprison the innocent one”

Bill of Rights Section 1-11: It focuses on the RIGHTS of the PEOPLE Section 12-22: Rights of

the accused, an implication of historical array during Martial Law (1987 Constitution)

Bill of rights: designed to preserve the ideals of liberty, equality and security against the assaults

of opportunism, (PBM Employees Organization v. Phil. Blooming Mills, 51 SCRA 189

(Nachura, 2009) Civil Rights- belong to everyone Political Rights-to participate directly or

indirectly.

Concept : A bill of rights may be defined as a declaration and enumeration of a person’s rights

and privileges which the Constitution is designed to protect against violations by the

government, or by an individual or groups of individual. Its basis is the social importance

accorded to the individual in a democratic or republican state, the belief that every human being

has intrinsic dignity and worth which must be respected and safeguarded.

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.

ANALYSIS: Right to LIFE, LIBERTY and PROPERTY,:

1.“Any deprivation of life, liberty, and property by the State is with due process if it is

done (1) under the authority of a law that is valid or of Constitutional itself, and (2) after

compliance with fair and reasonable methods of procedure prescribed by law.”

2.The term “person” in section 1 embraces all persons within the territorial jurisdiction

of the Philippines, without regard to any difference of race, color, or nationality,

including aliens.

Natural person refers to a real human being. Juridical person A juristic or juridical

person is an artificial entity through which the law allows a group of natural persons to

act as if it were a single composite individual for certain purposes, or in some

jurisdictions, for a single person to have a separate legal personality other than their own.

Life, as protected by due process of law, means something more than mere animal

existence. The prohibition against its deprivation without due process extends to all the

limbs and faculties by which life is enjoyed Liberty, as protected by due process of law,

denotes not merely freedom from physical restraint. It also embraces the right of man to

use his faculties with which he has been endowed by his Creator subject only to the

limitations that he does not violate the law or rights of others.

Property, as protected by due process of law, may refer to the thing itself or to the right

over a thing. The constitutional provision, however, has reference more to the rights over

the thing. It includes the right to own, use, transmit and even to destroy, subject to the

right of the State and of other persons.

Equal protection of the laws signifies that “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.

The purpose of Section-II is to protect the privacy and the sanctity of the person and of

his house and other possessions (papers, documents, effects, etc.) found therein against

arbitrary intrusions by agents of the state.

The written order to take a person in custody in order that he may be bound to answer for

the commission of an offense, is called a warrant of arrest. Search Warrant – is an

order in writing, issued in the name of the people of the Republic of the Philippines,

signed by a judge and directed to a peace officer, commanding him to search for a certain

personal property and bring it before the court.

A Valid Search Warrant and warrant of Arrest must have Probable Cause. Probable

Cause – means there are facts and circumstances attending the issuance of warrant

sufficient to induce a prudent and cautious judge to rely on them. The Probable Cause

must be determined personally by the judge. The Warrant must particularly describe

the place to be searched, or the person or things to be seized.

Who issue and serve Warrant ?

The JUDGE issue a warrant of arrest or the search warrant

The POLICE OFFICER serve a warrant arrest or the search warrant.

Search and Seizures can be made without Warrant in the following instances:

a. When there is consent or waiver – that is if a Peace Officer has been granted consent to

enter the premise of another for the purpose of search and seizure;

b. Where search is an incident to a lawful arrest – say, a pickpocket caught in flagrante

delicto, can be searched for his loot;

c. When an officer making the search has reasonable cause to conduct it in a vehicle

believed to be containing contraband or forfeited goods – because the vehicle can get

away before a warrant is secured.

d. When the possession of articles prohibited by law is disclosed to plain view (plain

view rule)

A private individual can arrest a criminal even without a warrant, this is called

“CITIZEN ARREST”.

Warrantless Arrest -Warrantless Arrest is allowed under the following circumstances:

1.Flagrante Delicto (Caught in the Act);

2.Hot Pursuit Operation;

3.Arrest of Fugitive.

1. Flagrante Delicto (Caught in the Act);------Person to be arrested has committed, is

actually committing, is attempting to commit an offense

2. Hot Pursuit Operation; ----- Arrest takes effect when a crime has just in fact been

committed and the arresting officer or private individual has probable cause to believe

based on personal facts or circumstances that the person to be arrested has committed it.

3. Arrest of Fugitive ----- When a person to be arrested is a prisoner who escaped from a

penal establishment or place where he is serving final judgment or temporarily confined

while his case is pending or has escaped while being transferred from one confinement to

another.

Section 3 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.”

Explanation: Every person has the right to keep his communication or correspondence

a secret. His communication with others by phone or by letter is a personal or private

matter that nobody should intrude upon.

But this right can be lawfully suspended upon order of the court if the safety and security

of the people is at stake.

EXEMPLIFIED ILLUSTRATION A telephone conversation between two (2) drug pushers

secretly recorded by police officers by tapping its wire without court order is not acceptable as

evidence in court due to the privacy of communication enshrined in the Philippine Constitution.

However, recording of conversation through telephone extension is not a violation of the Anti-

Wire Tapping Law.

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.”

Filipino Translation: – Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa

pananalita, pagpapahayag, o ng pamamahayag, o sa karapatan ng mga taong-bayan na

mapayapang makapag-tipon at magpetisyon sa pamahalaan upang ilahad ang kanilang

mga karaingan.”

Four (4) Important Rights Embodied in Article III, Section 4:

Freedom of Speech; Right to a Free Press;

Freedom of Assembly; The Right of Petition.

Freedom of Speech is not absolute, neither is a Free Press.

Limitations to Freedom of Speech

Severe calumny; Anything lewd or obscene; Anything that provokes violence or disorder;

Seditious messages; “Clear and present danger”.

Forms of Calumny

1. Libel untruthful information/character assassination in written, and using print or

broadcast media.

2. Slander - spoken untruthful information / character assassination .

Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be

serious), immediate, grave and realistic.

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 tests

shall be allowed for the exercise of civil or political rights..”

Filipino Translation: “Hindi dapat bawalan ang kalayaan sa paninirahan at ang

pagbabago ng tirahan sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa

legal na utos ng hukuman. Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban

kun para sa kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang

pambayan ayon sa maaaring itadhana ng batas.”

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. The right to travel shall

not impaired except in the interest of national security, public safety, or public health, as

may be provided by law ”

Translation: Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng

tirahan sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa legal na utos ng

hukuman. Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban kun para sa

kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang pambayan

ayon sa maaaring itadhana ng batas.”

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 to the citizens, subject to such limitations as may be

provided by law.”

Filipino Translation:

Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa mga bagay-

bagay na may kinalaman sa mga opisyal na rekord, at sa mga dokumento at papeles

tungkol sa mga opisyal na gawain, transaksyon, o pasya, gayon din sa mga datos sa

pananaliksik ng pamahalaan na pinagbabatayan ng patakaran sa pagpapaunlad ay dapat

ibigay sa mamamayan sa ilalim ng mga katakdaang maaaring itadhana ng batas”.

Freedom of the Press and freedom of access to information bearing on governmental

decision are fundamental elements of Popular Sovereignty”. People have access to public

records such as records of a case in court subject to reasonable rules and regulations,

except when it is very clear that the purpose of examination of public record is unlawful,

sheer or idle curiosity. It is not the duty of the custodians of the records to concern

themselves with the motives, reasons, and objects of the person seeking access to such

documents or information.

Section 8 ( The Right to Form Union • 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.”

Filipino Translation: “Hindi dapat hadlangan ang karapatan ng mga taong-bayan

kabilang ang mga naglilingkod sa publiko at pribadong sektor na magtatag ng mga

asosasyon, mga unyon, o mga kapisanan sa mga layuning hindi lalabag sa batas.”

Unionism is a necessity to place employees or labor sectors to the bargaining levels same

as that of their employers in relation to negotiations of terms and conditions of

employment. However, while employees in the public sector may form a union, they are

not entitled to stage strike to press their demands to improve the terms and conditions of

their employment.”

Reason: Under the constitution, no money from the National Treasury shall be spent

except in accordance with appropriation by law. Improving the economic conditions of

employees in the public sector requires spending of public money. Change in the terms of

government employees can only be realized through law.”

Question: If a public and private company has required every employee to sign an

agreement as part of his employment contract – that he will not join any labor unions,

societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine

Constitution? Answer: Yes. It is a form of unfair labor practice.

Commentary: If public employees are prohibited to go on strike, the essence of forming

unions in government entities show lack of logic. It is also a clear suppression to their

right for redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987

Philippine Constitution.

Section 9 ( Right to Just Compensation) • “Private property shall not be taken for public

use without just compensation.”

Filipino Translation: Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit

pambayan nang walang wastong kabayaran.”

This is in connection with the inherent rights of the state, specifically, the Right of

Eminent Domain. Just compensation - the amount to be paid for the expropriated

property shall be determined by the proper court, based on the fair market-value at the

time of the taking.

Section-10 (Non-Impairment Clause) “No law impairing the obligation of contracts shall

be passed.”

Filipino Translation:

“Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.” Discusses

the “sanctity” of contracts and obligations;

Laws affecting contracts cannot be applied retroactively; all contracts illegal in nature are

non-binding.

Note: A contract is a meeting of minds between parties with respect to rendition of

service or performance of obligation to give something, Government is prohibited from

interfering with agreement of parties since it is considered as a law between the

contracting parties.

Article-III, Section-11 (Free Access to Court) “Free access to courts and quasi-judicial

bodies and adequate legal assistance shall not be denied to any person by reason of poverty.”

Filipino Translation: “Hindi dapat ipagkait sa sinumang tao ang malayang pagdulog sa

mga hukuman at sa mga kalupunang mala-panghukuman at sa sapat na tulong pambatas

nang dahil sa karalitaan.”

Article-III, Section-11 (Free Access to Court) Note: If the accused cannot afford to hire a

lawyer to defend his case, the government shall provide one for him. He shall be assisted

and represented by a public prosecutor and a counsel from the Public Attorney’s Office,

respectively.

Article-III, Section-11 (Free Access to Court) The Integrated Bar of the Philippines (IBP)

is giving free legal assistance to underprivileged litigants. A person who, due to poverty,

cannot pay docket fee in civil case may apply in court to file his case as a pauper litigant.

Article-III, Section-12 (Right of Person under Custodial Investigation)

(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.”

Article-III, Section-12 (Right of Person under Custodial Investigation) (1) “Ang

sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat magkaroon ng karapatang

mapaliwanagan ng kanyang karapatang magsawalang-kibo at magkaroon ng abogadong

may sapat na kakayahan at kanyang personal na pinili. Kung hindi niya makakayanan ang

paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang

mga karapatang ito maliban kung nakasulat at sa harap ng abogado.”

Article-III, Section-12 (Right of Person under Custodial Investigation)

(2) “No torture, force, violence, threat, intimidation, or any other means which vitiate the

free shall be used against him. Secret detention places, solitary, incommunicado or other

similar forms of detention are prohibited.”

Article-III, Section-12 (Right of Person under Custodial Investigation) (2) “Hindi siya

dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot, pagbabanta, o

anumang paraaan na lalabag sa kanyang malayang pagpapasya. Ipinagbabawal ang mga

lihim na kulungan, solitaryo, ingkomunikado, o iba pang katulad ng anyo ng detensyon.”

Article-III, Section-12 (Right of Person under Custodial Investigation)

(3) “Any confession or admission obtained in violation of this or Section 17 hereof shall

be inadmissible in evidence against him.” (3) “Hindi dapat tanggaping ebidensya laban sa

kanya ang anumang pagtatapat o pag-amin na nakuha nang labag sa seksyong ito o sa

seksyong labing-pito.”

Article-III, Section-12 (Right of Person under Custodial Investigation)

(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.”

Article-III, Section-12 (Right of Person under Custodial Investigation) (4) “Dapat

magtadhana ang batas ng mga kaparusahang penal at sibil sa mga paglabag sa seksyong

ito at gayundin ng bayad-pinsala at rehabilitasyon sa mga biktima ng labis na mga

paghihirap o katulad ng mga nakagawian, at sa kanilang mga pamilya.”

Article-III, Section-12 (Right of Person under Custodial Investigation) This section

stresses the following: 1. 2. 3. 4. Miranda Rights/Rules; Permissible use of Police Power;

Admissible confessions; and The right to redress in the event violation of these rights.

Article-III, Section-12 (Right of Person under Custodial Investigation) Miranda

Rights/Rules - provides that before a person under a custodial investigation is

questioned, he must be informed of the following:

1. The right to remain silent;

2. Anything he says can and will be used against him in the court; and

3. The right of a counsel and that if he cannot afford one, the government will provide for

him.

Article-III, Section-13 (The Right to Bail & Against Excessive Bail) “All persons,

except those charged with offenses punishable by reclusion perpetua when evidence of

guilt is strong, shall, before conviction, be bailable by sufficient securities, 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.”

Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Filipino

Translation: “Ang lahat ng mga tao, maliban sa mga nahahabla sa mga paglabag na

pinarurusahan ng reclusion perpetua kapag matibay ang ebidensya ng pagkakasala, bago

mahatulan, ay dapat mapiyansahan ng sapat ng pyador, o maaaring palayain sa bisa ng

panagot ayon sa maaaring itadhana ng batas. Hindi dapat bawalan ang karapatan sa

piyansa kahit na suspendido ang pribilehiyo ng writ of habeas corpus. Hindi dapat

kailanganin ang malabis na piyansa.”

Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Bail – is the security

(usually a deposit of money) required by a court for the temporary release of a person

who is in the custody of the law provided that his appearance in trials may be ensured.

Excessive Bail – is prohibited because that is the same as denying the right to post bail.

Article-III, Section-13 (The Right to Bail & Against Excessive Bail)

Writ of Habeas Corpus

1.is an order issued by a court of competent jurisdiction, directed to the person detaining

another, commanding him to produce the body of the prisoner at a designated time and

place and to show sufficient cause for holding in custody the individual so detained.

2.an action that protects an individual from unlawful detention.

3. It prevents an agency from holding an individual without reason

4.A literal translation of habeas corpus found in many legal textbooks is “you (shall) have

the body.”

A literal translation of “habeas” could be “may you have” or possibly “let you have.” The

“shall” in quotes is used to indicate a theoretical or ideal state for which the subjunctive is

used in both Latin and English. “Corpus” is accusative here because it is the direct object

of the verb “habeas;” it indicates what should or may be “had.” So, a translation of

“habeas corpus” that follows more closely the rules of Classical Latin can be “may you

have the body”

Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Non-Bailable

Crimes 1.Kidnapping; 2.Murder; 3.Rape; 4.Drug-Pushing; 5.Carnapping; 6.Or Crimes

Under the Heinous Crime Law, Plunder Law and Dangerous Drugs Law.

Article-III, Section-14 (Rights of the Accused)

(1) “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.”

(1) “Hindi dapat papanagutin sa pagkakasalang kriminal ang sinumang tao nang hindi

kaparaanan ng batas. Ang mga akusado ay itinuturing na inosente hangga’t hindi

napapatunayan.”

Article-III, Section-14 (Rights of the Accused)

(2) “In all criminal prosecutions, 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 justifiable.”

Article-III, Section-14 (Right of the Accused) Filipino Translation: (2) “Ang

nasasakdal ay dapat magtamasa ng karapatang magmatwid sa pamamagitan ng sarili at ng

abogado, mapaliwanagan ng uri at dahilan ng sakdal laban sa kanya, magkaroon ng

mabilis, walang kinikilingan, at hayagan paglitis, makaharap ang mga testigo, magkaroon

ng sapilitang kaparaanan upang matiyak ang pagharap ng mga testigo sa paglilitaw ng

ebidensyang para sa kanyang kapakanan. Gayunman, matapos mabasa ang sakdal,

maaring ituloy ang paglilitis kahit wala ang nasasakdal sa pasubaling marapat na

naipaalam sa kanya ang paglilitis sat dimakatwiran ang kanyang kabiguang humarap.”

Article-III, Section-14 (Right of the Accused) This Section Observes the Following: 1.

Right to Due Process of Law in Criminal Cases;

2.Presumed innocent Until Proven Guilty;

3.The Right to Confront One’s Accuser; and

4. Basis for Trials in Absentia.

References: Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City Metro

Manila Excerpt: Lecture of Mr. John Torres – Philippine Government and Constitution

Social Science-I Discourses on the 1987 Philippine Constitution by Reynaldo S. Naguit;

Politics, Governance and Government with Philippine Constitution, Second Edition by

Roman R. Dannug and Marlo B. Campanilla; Revised Penal Code of the Philippines;

Supreme Court Decided Cases; Philippine Criminal Law Reviewer; Civil Code of the

Philippines

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

1. is an order issued by a court of competent jurisdiction, directed to the person detaining

another, commanding him to produce the body of the prisoner at a designated time and

place and to show sufficient cause for holding in custody the individual so detained.

2. an action that protects an individual from unlawful detention.

3. It prevents an agency from holding an individual without reason 4.A literal translation

of habeas corpus found in many legal textbooks is “you (shall) have the body.”

A literal translation of “habeas” could be “may you have” or possibly “let you have.” The

“shall” in quotes is used to indicate a theoretical or ideal state for which the subjunctive is

used in both Latin and English.

“Corpus” is accusative here because it is the direct object of the verb “habeas;” it

indicates what should or may be “had.” So, a translation of “habeas corpus” that follows

more closely the rules of Classical Latin can be “may you have the body” or “let you

have the body.”

Section 16. All persons shall have the right to a speedy disposition of their cases before

all judicial, quasi-judicial, or administrative bodies.

Quasi-judicial is defined as an action by an administrative agency which ascertains

certain facts, hold hearings, weigh evidence, make conclusions from the facts as a basis

for their official action, and exercises discretion of a judicial nature.

A quasi-judicial body is an individual or organization which has powers resembling those

of a court of law or judge and is able to remedy a situation or impose legal penalties on a

person or organization.

An administrative process would not usually be concerned with hearsay evidence. It

would be something like a High Court Judicial Review (which is both a judicial and

administrative process).

Section 17. No person shall be compelled to be a witness against himself.

RIGHT AGAINST SELF INCRIMINATION A protection against self-incrimination

which may expose a person to criminal liability

Section 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.

Section 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.

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

Debt- means any liability to pay money arising out of a contract express or implied But if

the debtor has a property, the creditor has the right in a civil case as a means of enforcing

for the payment of debt. Poll Tax-personal tax- a fixed amount imposed on individuals

residing within a specified territory whether citizens or not.

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 for the same act

The guarantee protects against perils of a second punishment means no one can be

charged twice for the same or identical offense

Section 22. No ex post facto law or bill of attainder shall be enacted.

Ex Post facto Law • One which operating retrospectively (pabalik)

Characteristics: Penal or criminal matters only