I. Bill of Rights 1. Section 14. (1) No Person Shall Be Held To Answer For A Criminal Offense Without Due Process of

I.
Bill of Rights
1. 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.
2. Standards of Judicial Review

a) Rational Basis Test: described as adopting a deferential attitude towards legislative
classifications. It applies to legislative classifications in general, such as those pertaining to
economic or social legislation.
b) Strict Scrutiny Test: A legislative classification which impermissibly interferes with the exercise
of a fundamental right or operates to the peculiar disadvantage of a suspect class is presumed
unconstitutional, and the burden is upon government to prove that the classification is necessary
to achieve a compelling state interest and that it is the least restrictive means to protect such
interest. This is used on issues of speech, gender, and race.
c) Intermediate Scrutiny Test: government must show that the challenged classification serves an
important state interest and that the classification is at least substantially related to serving that
interest.
3. When, in his presence, the person to be arrested has committed, is actually committing, or
attempting to commit an offense;
When an offense has in fact been committed, and he has personal knowledge of facts indicating
that the person to be arrested has committed it; and
When the person to be arrested is a prisoner who has 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.
OR
A. IN FLAGRANTE DELICTO
B. HOT PURSUIT
C. ESCAPED PRISONER
4. Exigent and emergency circumstances An emergency situation requiring swift action to
prevent imminent danger to life or serious damage to property
Stop Frisk: Where a police officer observes unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may be afoot and that the person with
whom he is dealing may be armed and presently dangerous, where in the course of investigation
of this behavior he identifies himself as a policeman and makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or
others safety, he is entitled for the protection of himself and others in the area to conduct a
carefully limited search of the outer clothing of such person in an attempt to discover weapons
which might be used to assault him.
5. 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. In evaluating
a claim for violation of the right to privacy, a court must determine whether a person has exhibited
a reasonable expectation of privacy and, if so, whether that expectation has been violated by
unreasonable government intrusion.
6. Writ of Habeas Data: the remedy available to any person whose right to privacy in life, liberty
or security is violated or threatened by an unlawful act or omission of a public official or employee,
or of a private individual or entity engaged in the gathering, collecting, or storing of data or
information regarding the person, family, home and correspondence of the aggrieved party.
7. Content-based Regulation: Restraint is aimed at the message or idea of the expression. Apply
the Strict Scrutiny Test and the challenged act must overcome the clear and present danger rule.
Facial Challenge Concept: A facial challenge is an exception to the rule that only persons who are
directly affected by a statute have legal standing to assail the same. This is only applicable to
statutes involving free speech, impeached on the grounds of overbreadth or vagueness. Here, the
litigants are permitted to challenge a statute not because their own rights of free expression are
violated, but because of a judicial prediction or assumption that the statutes very existence may
cause others not before the court to refrain from constitutionally protected speech or expression.
8. Valid Prior Restraint:

Movies, television, and radio broadcast censorship in view of its access to numerous people.
Pornography
False or misleading commercial statement
Advocacy of imminent lawless action
Danger to national security
9. Conscientious Objector Test: A conscientious objector is someone who sincerely claims the
right to refuse to perform a mandate of the law on the grounds of freedom of thought, conscience,
and/or religion. He may be granted exemption if he establishes that his objection is sincere, based
on religious training and belief, and not arbitrary.
10. Section 17. No person shall be compelled to be a witness against himself.

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I.

2. Standards of Judicial Review

8. Valid Prior Restraint:

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

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