ARTICLE III

We hold these truths to

be sacred and
undeniable; that all men
are created equal and
independent, that from
that equal creation they
derive rights inherent
and inalienable, among
which are the
preservation of life, and
liberty, and the pursuit
of happiness.
The Bill of Rights governs the relationship
between the individual and the state. Its
concern is not the relation between
individuals, between private individuals. What
the Bill of Rights does is to declare some
forbidden zones in private sphere inaccessible
to any power holder.
- Fr. Joaquin Bernas
 Declaration and enumeration of a persons
rights and privileges to protect against
violations by the government or by an
individual or groups of individual.
A protection installed by the Constitution in
favor of individuals against possible abuses
and arbitrariness in the exercise of power by
the government.
Its existence is a manifestation of
republicanism.
 Declaration and enumeration of a persons
rights and privileges which the Constitution is
designed to protect against violations by the
government, or by individual or groups or
individuals.
Charter of liberties for the individuals.
Limitation upon the power of the State.
1987 constitution (8,11,12,13,18[1],19)
NATURAL RIGHTS
Those rights possessed by every citizen without being granted by the
State for they are given to man by God
Right to live and right to love

CONSTITUTIONAL RIGHTS
Those rights which are conferred and protected by the
Constitution.

STATUTORY RIGHTS
Those rights which are provided by laws promulgated by the law
making body and, consequently, may be abolished by the same body.
 Natural rights
Possessed by every citizen
Right to life and the right to love.
Constitutional rights
Conferred and protected by the Constitution.
Cannot be taken away/modified by the law
making body.
Statutory rights
Rights provided by laws.
May be abolished by the law making body
Minimum wage, right to adopt a child by an
unrelated person.
 SOCIAL AND RIGHTS OF
POLITICAL CIVIL
ECONOMIC THE
RIGHTS RIGHTS
RIGHTS ACCUSED
 Rights of the citizens which give
them power to participate directly
or indirectly in the establishment
or administration of the
government.
Right to citizenship, the right of
suffrage, the right to information
on matters of public concern.
 Rights which the law will enforce at the
instance of private individuals for the
purpose of securing to them the enjoyment
Rights against involuntary servitude and
imprisonment for non payment of debt or
a poll tax, the constitutional rights of the
accused, social and economic rights,
religious freedom, right against impairment
of a contract.
Freedom of speech, expression, press, the
right to assembly and petition and the right
to form associations are likewise civil
rights, however, they partake of the nature
of political rights when they are utilized as
a means to participate in the government.
 Civil rights intended for the protection
of a person accused of any crime.
Rights against unreasonable search
and seizure, the right to presumption
of innocence, the right to a speedy,
impartial and public trial and the right
against cruel, degrading or inhuman
punishment,
 It is a remedy available to any person
whose right to life, liberty and security
is violated or threatened with violation
by an unlawful act or omission of a
public official or employee, or of a
private individual or entity.
The writ shall cover extralegal killings
and enforced disappearances or
threats thereof.
 Who May File. The petition may be filed by the
aggrieved party or by any qualified person or entity
in the following order:
(a) Any member of the immediate family, namely:
the spouse, children and parents of the aggrieved
party;
(b) Any ascendant, descendant or collateral relative
of the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
(c) Any concerned citizen, organization, association
or institution, if there is no known member of the
immediate family or relative of the aggrieved party.
 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.
 Embraces all persons within the territorial
jurisdiction of the Philippines without regard
to any difference of race, color, or nationality
including aliens.
Private corporations are persons within the
scope of the guarantee in so far as their
property is concerned.
 Means something more than
animal existence.
Extends to all limbs and faculties
by which life is enjoyed.
 Right to exist and the right to be free
from arbitrary personal restraint or
servitude.
The right of man to use his faculties
as long as he does not violate the law
or the rights of others.
Is not unlimited.
 The thing itself or the right over a
thing.
It includes the right to own, use,
transmit and even to destroy, subject
to the right of the State and of other
persons.
 Simply means basic fairness and
adequate justice.
Any deprivation of life, liberty,
property by the State is with due
process if it is done:
Under the authority of a law that is valid
After compliance with fair and reasonable
methods of procedure prescribed by law.
 Procedural
Refers to the method or manner by which the law is
enforced.
A procedure which hears before it condemns,
which proceeds upon inquiry and renders judgment
only after a trial.
Notice and hearing is required.
Substantive
The law itself is fair, reasonable and just.
 In judicial proceedings
An impartial court
Jurisdiction lawfully acquired.
Opportunity to be heard
Judgment rendered after lawful hearing.
In administrative proceedings
An officer or employee may be arrested/ suspended
pending an investigation
Giving of opportunity to test the validity or
propriety of the administrative action
 All persons subject to legislation
should be treated alike, under like
circumstances and conditions both in
the privileges conferred and liabilities
imposed.
Avoidance of class legislation
 There is no denial of the protection where
under the law:
Foreign corporations are made to pay higher
amount of taxes than that paid by domestic
corporations.
Certain professions are limited to persons of the
male sex.
Certain privileges for leaves and shorter hours of
labor extended to women.
Preference is given to Filipino citizens in the lease
of public market stalls.
Different professions are taxed at different
amounts.
Employment in factories of children under
designated ages is prohibited.
 Restraint on all organs of the government and
on the three inherent powers of government.
Available to all persons.
Does not extend to rights which are political.
Not intended to enforce social equality.
 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.
 An order in writing, Written order to
issued in the name arrest a person, i.e.,
of the people of the to take him into
Philippines signed custody in order
by a judge and that he may be
directed to a peace bound to answer
officer commanding for the commission
him to search for of an offense.
certain personal
property and bring
it before the court.
 Persons
Applies to everybody
Corporations are also entitled.
House
Not limited to dwelling houses but extends to a
garage, warehouse, shop, store, office and even a
safety deposit box.
Does not extend to open spaces and fields.
Papers and effect
Sealed letters and packages in the mail which
may be opened in pursuance of a valid search
warrant.
 Search and seizure made without a search
warrant is not necessarily illegal, and one
made under a search warrant is not
necessarily legal.
Reasonableness and unreasonableness is a
purely judicial question.
 Must be issued upon probable cause
Probable cause must be determined by the
judge himself.
The determination of the existence of
probable cause must be made after
examination by the judge of the
complainant and the witnesses he may
produce.
The warrant must particularly describe the
place to be searched and the persons or
things to be seized.
*The law prohibits the issuance of a search
warrant for more than one specific offense.
 Facts and circumstances antecedent to the
issuance of a warrant sufficient in themselves
to induce a cautious man to rely upon them
and act in pursuance thereof.
Presupposes the introduction of competent
proof.
 Drawn in such manner that perjury could be
charged and affiant be held liable for
damages caused.
Affidavit is insufficient if it is based on mere
information and belief or hearsay.
 Place, Person, Property
Description must be specific
The legality of the search and seizure can be
contested only by the party whose personal
rights were involved.
Without a proper search warrant, no public
official has the right to enter the premises of
another without his consent
 When there is consent or waiver.
Where search is an incident to a lawful
arrest.
In the case of the contraband or forfeited
goods being transported by ship,
automobile or other vehicle
The possession of articles prohibited by law
is disclosed to plain view or is open to eye
and hand.
As an incident of inspection, supervision
and regulation in the exercise of police
power.
Routinary searches
 When in the presence of the peace officer or private
person the person to be arrested has committed, is
actually committing, or is attempting to commit an
offense. ((FLAGRANTE DELICTO ARREST)
Continuing Crime Doctrine
When an offense has in fact just been committed and he
has personal knowledge of facts indicating that the
person to be arrested has committed it; and
When a person to be arrested is a prisoner.

THE ACCOMPANYING SEARCH AND SEIZURE OF THE EFFECTS OR

INSTRUMENTS OF THE CRIME SHALL ALSO BE LAWFUL ALTHOUGH
DONE WITHOUT A SEARCH WARRANT AS IT IS AN INCIDENT TO A
LAWFUL ARREST.
 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.
(2) Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.
 Defined as the right to be left alone.
To be free from undesired publicity, or
disclosure and as the right to live without
unwarranted interference by the public in
matters with which the public is not
necessarily concerned.
Inherent right to enjoy privacy.
Person is free to communicate without the
prying eyes of the State.
Complements or implements the security of
the citizen against unreasonable searches
and seizures.
 Limitation of the right:
Lawful order of the court.
When public safety or order requires otherwise as
prescribed by law.
Evidence illegally obtained is:
inadmissible
No law shall be passed
abridging the
freedom of speech,
of expression, or of
the press, or the
right of the people to
peaceably assemble
and petition the
government for
redress of
grievances.
 Implies the right to freely utter and publish
whatever one pleases without previous
restraint.
Includes the right to circulate what is
published.
Freedom of expression includes free
speech, free press, the rights of assembly
and petition, the right to form associations
or societies not contrary to law and the
right to religious freedom.
Speech and expression include any form of
oral utterances.
Press covers every sort of publications.
 Promotes growth of the
individual and the nation.
Makes possible, scrutiny of
acts and conduct of public
officials.
Insures a responsive and
popular government.
 Not absolute
The abridgment of freedom of speech and of
the press can be justified only under the
PRINCIPLE OF CLEAR AND PRESENT DANGER.
(how substantial the danger and the resulting
evil depends upon the nature of the interest
threatened)
 Right of assembly
means the right on the
part of the citizen meet
peaceably for
consultation in respect
to public affairs.
Right of petition means
the right of any person
to apply without fear of
penalty to the
appropriate branch of
government for
redress of grievances.
 Legislatures may
exercise freedom of
speech in relation to
their legislative
function without
government
regulations except
those issued by the
House to which they
belong
 Media has the right to inform the public
through any means of communications of
what is happening to the world.
Right to access to government information
which should be relayed to the public.
Right of press to inform=right of people to
information
 Government may regulate such right on the Time,
Place, and Manner (BP No. 880) of exercising it
without violating the constitution.
i.e. Magdalo or Oakwood Mutiny
"maximum tolerance" of past rallies comes now the
"calibrated preemptive response
As explained by the PNP top brass, CPR is the
means employed to carry out the "no permit, no
rally" policy adopted by the government in the face
of the continuing street demonstrations.
Students Demonstration

Students may participate in demonstration in

the exercise of their right to peaceable
assembly and free speech.
 Subject to Time, Place, and Manner of
regulations imposed by the school and
government.
Should not disrupt classes or the workflow of
non-academic personnel, cause substantial
disorder, or invade the rights of others.
Should not destroy school properties.
Should not disregard their obligation t study
and meet the academic standards fixed by
the school.
 Subject to public scrutiny
Do not fully enjoy the same privacy as
enjoyed by the private individuals.
A public figure may not demand in court the
banning of a movie exhibition of his life fro
being disturbance to his privacy.
 We may exercise our freedom of expression
and may criticize decisions of the executive
and Legislative departments.
Judiciary, is a non-political body which
renders its decisions on the basis of
evidences and law and not on public
pressure.
Parties have the right to due process of law
and cold neutrality of an impartial judge.
SC promulgated Resolution A.M. 98-7-02 SC
prohibits public demonstration or rallies to
be held within the radius of 200 m from every
courthouses.
 Pending case- may not exercise freedom of
expression that will impede, obstruct,
embarrass or influence the court in
administering justice. = contempt of court
Terminated case- criticize the court decision
in a respectful manner.
 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.
 Right to worship God
Religion includes all forms of belief.
2 aspects:
Separation of Church and State
Freedom of religious profession and
worship
Freedom to believe in a religion.
Freedom to act in accordance with such
belief.
 Religious test is one
demanding the
avowal or
repudiation of
certain religious
beliefs before the
performance of any
act.
 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.
 Is the right of a person to have his home in
whatever place chosen by him and thereafter
to change it at will and to go there where he
pleases, without interference from any
source.
Limitation in the interest of national
security, public safety or public health
A person whose liberty of abode is violated
may petition for a writ of habeas corpus.
 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.
 In consonance with the principle of popular
sovereignty
-Democratic society: sovereign people have
the right of access to the records of their
government
Enable the people to participate more
effectively in governmental affairs especially
in questioning the acts of the authorities
 Make denunciation of government more
factual, responsible and effective
Provide a deterrent to the commission of
venalities because of the resulting awareness
of officials that their acts will be exposed to
the full light of public scrutiny
Reduce public suspicion of officials and thus
foster rapport and harmony between the
government and the people
 Embraces all public records
Limited to citizens only but is without
prejudice to the right of aliens to have access
to records of cases where they are litigants
Exercise is subject to such limitations as may
be provided by law
 Records involving the security of the State or
which are confidential in character should be
excepted.
 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.
 Freedom to organize or to be a member of
any group or association, union or society
and to adopt the rules which the members
judge most appropriate to achieve their
purpose
Includes the right to leave and cancel his
membership with said organization or to
abstain from joining one
Grants government employees the right to
form labor unions
 To encourage the formation of voluntary
associations so that through the cooperative
activities of individuals, the welfare of the
nation may be advanced and the government
may thereby receive assistance in its ever
increasing public service activities
 Relieves the government of a vast burden by
enabling individuals to unite in the
performance of tasks which singly they would
be unable to accomplish
 The right to form associations or societies
may be abridged or interfered with by the
State in the exercise of its police power.
An association or society could be shown to
create an imminent danger to public order,
public peace, public morals, or public safety
 Private property shall not be taken for public
use without just compensation.
 Is the right or power of the State to take or to
expropriate private property for public use
upon paying the owner a just compensation
to be ascertained according to law.
Conditions: public use, payment of just
compensation and observance of due process
of law in the taking.
No law impairing the obligation of
contracts shall be passed.
 Law/duty which binds the parties
to perform their agreement
according to its terms or intent, if
it is not contrary to law, morals,
good customs, public order, or
public policy.
 Law - Enactment of which is
prohibited, includes executive and
administrative orders issued by heads
of departments, and ordinances
enacted by local governments.
The guarantee is not violated by court
decisions or by acts of boards of
officers acting in a quasi-judicial
capacity (like a judge).
 Obligation of which is secured against
impairment under the Constitution, includes
contracts entered into by the government.
Example of impairment by law: tax exemption
based on a contract entered into by the
government is revoked by a later taxing
statute.
The state when contracting does so upon the
same terms as a private individual or
corporation and may not plead its sovereignty
as justification in impairing a contractual
obligation which it has assumed.
 A contract which is entitled to protection
against impairment must be a valid one.

NOTE
marriage is more than a contract; it
is a status. Hence, it is outside of
the contemplation of the
constitutional provision. (see Art.XV
sec.2 the family Marriage, as an inviolable
social institution, is the foundation of the
family and shall be protected by the State)
 Protect creditors
Assure fulfilment of lawful promises
Guard the integrity of contractual
obligations
Prevent business problems
If contracts were not stable and binding
If legislature can pass a law impairing
obligation entered into legally
 When;
Its terms or conditions are changed by law or by a
party without the consent of the other, thereby
weakening the position or rights of the latter
1. Takes from a party a right to which he is
entitled under the contract
2. Deprives him of the means of enforcing such
right
3. Imposes conditions not expressed in the
contract, or dispenses with those which are;
or
4. Diminishes the consideration agreed upon
by the parties, as to diminish the value of
the contract, is void as impairing the
obligation of the contract within the
meaning of the Constitution.
 Ex. A law increasing or decreasing the
rate of interest for the loan of money

cannot apply retroactively to loans contracted

before its enactment, otherwise impairment
will result.
Laws impairing the obligation of contracts are
necessarily retroactive or retrospective.
There will be no impairment if the law is
given prospective effect.
 Islimited by the exercise of
the police power of the State
in the interest of general
welfare and especially in view
of the explicit provisions in
the Constitution with reference
to the promotion of social
justice (see Art. XIII Social Justice and
Human Rights)
 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. To adequate legal assistance
2. To be informed of the right to remain silent
and to have counsel
3. Against use of torture, force, violence,
threat, intimidation or any other means
which vitiates the free will
4. Against being held in secret,
incommunicado, or similar forms of solitary
detention
5. To bail and against excessive bail
6. To due process of law
7. To presumption of innocence
8. To be heard by himself and counsel
9. To be informed of the nature and cause of
the accusation against him
10. To have a speedy, impartial, and public trial
11. To meet the witnesses face to face
12. To have compulsory process to secure the
attendance of witnesses and the production
of evidence in his behalf
13. Against self-incrimination
14. Against detention by reason of political
beliefs and aspirations
15. Against excessive fines
16. Against cruel, degrading or inhuman
punishment
17. Against infliction of the death penalty except
for heinous crimes
18. Against double jeopardy
1. A criminal case, an unequal
contest
Every criminal case: individual vs.
government
It is of unequal contest: the parties
are of unequal strength
In order to reduce the possibilities
of injustice, the Constitution
seeks to redress the imbalance
by:
guaranteeing the accused
the right to impartial trial,
privilege of cross-
examination,
and other safeguards.
1. Criminal accusation, a very
serious matter
2. Protection of innocent, the
underlying purpose
 To give reality to the
constitutional right due process
and equal protection of the law
This guarantee is futile if persons
are prevented from going to
courts on account of their
poverty.
 States duty to provide free and adequate
legal assistance to citizens when:
reason of indigence
or
lack of financial means,
they are unable to engage the services of
lawyer to defend them or to enforce their
rights in civil, criminal, or administrative case.
 (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 the
rehabilitation of victims of torture or similar practices, and
their families.
 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.
 Constitution allows a person to post bail for his
temporary liberty.
Bail- serves both interests of the court and
accused.
While case is still pending, the accused will be
given temporary liberty.
But the posted bail will secure attendance of the
accused to the court.
Not attending court, will cause forfeiture of the
bail in favor of the government.
 Not entitled to bail if crime is punishable by
death penalty, reclusion perpetua, or life
imprisonment and the evidence of guilt is
strong.
Reclusion perpetua- Spanish term for life
imprisonment.
Even if the case involves non bailable crime,
the court may allow the accused to post bail
for failure of the prosecution during the
hearing of petition for bail to show that the
evidence of guilt of the accused is strong.
 (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) 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. The accused must be
a. Tried before a competent court
b. Given a fair and impartial trial; and
c. Allowed to use all legal means and opportunity
to defend himself; and

2. The judgment awarded against him must

be within the authority of the valid law.
Right to the presumption of innocence

1. A safeguard against false conviction

- no person shall be convicted of a crime except
upon confession or unless his guilt is established
by proof beyond reasonable doubt which is more
than just a preponderance of evidence sufficient
to win in a civil case.
- purpose is to balance the scales.
2. Requirement of proof of guilt beyond
reasonable doubt
- its evidence must be strong enough to convince
the court that the accused is clearly and
unmistakably guilty, not because he cannot prove
that he is innocent, but it has proved that the
accused is guilty beyond reasonable doubt.
- in case there is reasonable doubt of his guilt
entitled to acquittal
- It is better to acquit a person upon the ground
of reasonable doubt even though he may in reality
be guilty, than to inflict imprisonment on one who
may be innocent.
Right to be heard by himself and counsel

(1) In all criminal prosecutions, the defendant should

be entitled to x x x to be present and defend in
person and by counsel at every stage of the
proceedings, from the arraignment to the
promulgation of the judgment.

(2) The accused must be present at the arraignment

and must personally enter his plea.
(3) After a plea of not guilty, the accused is entitled
to 2 days to prepare for trial unless the court for
good grants him further time.

(4) Before arraignment, the court shall inform the

accused of his right to counsel and shall ask him
if he desires to have one. Unless the accused is
allowed to defend himself in person, or he as
employed counsel of his choice, a court must
assign a counsel de oficio to defend him.
 Made in open court by the judge or clerk, and
consists in furnishing the accused a copy of the
complaint or information with the list of witnesses,
reading the same in the language or dialect known
to him and asking him whether he pleads guilty or
not guilty.

It is at this stage that the accused, for the first

time, is granted the opportunity to know the
precise charge that confronts him.
Right to be informed of the nature and cause of
the accusation against him

1. Specific allegations of the crime charged

- this right implies that the offense which a
person is accused of be made known to him. The
criminal complaint or information should be
sufficiently clear to a person of ordinary
intelligence as to what the charge is so as to
enable him to prepare his defense
2. Remedy of accused whose right is violated
- there is a violation of the right where the
accused is has been charged with an offense and
convicted of another, or when no arraignment of
the accused has taken place. The proceedings in
such case may be challenged and annulled in the
proper court, at the instance of the accused.
(1) Speedy Trial

- means one that can be had as soon as possible,

after a person is indicted and within such time as
the prosecution, with reasonable diligence, could
prepare for it. It should be a trial conducted
according to fixed rules, regulations and
proceedings of law free from vexatious,
capricious and oppressive delays.
- counting of delay begins from the time of the
filing of the information (criminal complaint).
(2) Impartial Trial

- impartiality implies an absence of actual bias in

the trial of cases. To this end, no man can be a
judge in his own case and no man is permitted to
try without cases where he has an interest,
pecuniary or otherwise, in the outcome.
- every procedure which would offer even only a
possible temptation to the judge to forget the
burden of proof required to convict a defendant,
denies the latter of due process of law.
(3) Public Trial

- A public trial is not of necessity one to which the

whole public is admitted, but is one so far open to
all, as that of the accuseds friends and relatives
and others who may be inclined o watch the
proceedings in order to see if justice is intelligently
and impartially administered, so that they may
have an opportunity to do so.
Right to confrontation of witnesses

1. Cross-examination of witnesses by the

accused
- to give the accused an opportunity to cross-
examine witnesses against him to test their
recollection and veracity.
- He may not, therefore, be convicted upon the
mere dispositions or ex parte (of or from one
party) affidavits of his accusers.
2. Assessment by the court of witnesses
credibility
- to give the judge, as the trier of facts, an
opportunity to see the demeanor and appearance
of witnesses while testifying.
Right to compulsory production of witnesses
and evidence
(1) Under the Rules of Court, an accused person is
entitled to have subpoenas issued to compel the
attendance of witnesses in his favor, including a
warrant of arrest, if needed. He may also ask the
court to order a person to produce in court certain
documents, articles or other evidence and testify
with respect to them (subpoena duces tecum).
(2) Likewise, the court, upon proper application of
the defendant, may order the prosecution to
produce or permit the inspection of the evidence
material to any matter involved in the action, in the
possession or under the control of the prosecution,
the police or any other law-investigating agencies.
Thus, another mode is assured the accused of
meeting the evidence that might be presented to
prove his guilt.
Provided that three conditions concur:

(1) He has been arraigned;

(2) He has been duly notified of the trial; and
(3) His failure to appear is unjustifiable.
A person lawfully arrested without a
warrant will be subject to police
investigation
After arrest, police officer must
inform him of the Miranda rights
Right to remain silent
Right to have an independent counsel of
his choice
 Any admission or confession made by
person under custodial investigation will
not be accepted in court as evidence
unless a waiver of his rights to remain
silent in the presence of his counsel is
executed.
 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.
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
show sufficient cause for holding in custody the
individual so detained.
 To Inquire into all manner of involuntary
restraint or detention as distinguished frm
voluntary
To relieve a person therefrom if such restraint
is found illegal
 Proper remedy in each and every case of
detention without legal cause or authority

Principal Purpose:
SET THE INDIVIDUAL AT LIBERTY
1. Any person in his behalf petitions the
proper court, which immediately issues the
writ.
2. It is sent to the person having another in his
custody.
3. Such person is ordered to produce the
prisoner in court.( RETURN)
4. The judge scrutinizes the return
5. If imprisonment is authorized, the prisoner
is sent back to custody (
REMANDED)
6. If not, he is set free at once by the judge.
 May be suspended by the President (Art. VII,
Sec. 18) in case only of invasion or rebellion,
when public safety requires it.

Consequently, the person under detention by

the government may not obtain his liberty by
its use
 The judge may be prevented in the event of
suspension from determining whether or not
the detention is authorized by law

Supreme Court
Is empowered to inquire and justify the suspension
by the President of the privilege
 Enables the State to hold in preventive
imprisonment pending investigation and trial
of persons who plot against it or commit acts
that endanger its very existence
 All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
1.Justice delayed is
justice denied
1. Long delay creates:
mistrust of the government
Pave the way for taking law into
own hands
2. Observance of the right:
Enhances peoples respect for law
Enhances peoples respect for
government
2. The right can be invoked only after the
termination of a trial
Necessarily relative
Consistent with reasonable delays
Usually depends on circumstances
3. SC, all lower collegiate courts, and all other
lower courts: REQUIRED to decide or resolve
cases within a certain period of time
4. The provision contemplates the disposition
of cases involving private interests not
only before judicial bodies (courts)
but also before quasi-judicial and
administrative bodies
 quasi-judicial bodies (executive
agencies performing adjudicatory functions
similar to those of courts)
1. Natl Labour Relations Commission
2. Securities and exchange Commission

And Administrative bodies (Executive

agencies performing limited adjudicatory
functions)
Bureaus under different departments
No person shall be compelled to be a witness
against himself.
 This is a protection against self-incrimination
which may expose a person to criminal
liability
Founded on grounds of:
Public Policy
Humanity
The constitution guarantee protects as well
the right of the accused to silence
 Applies in criminal cases as well as in
civil, administrative and legislative
proceedings
It protects one whether he is a party
or a witness
1. The right is purely personal and may be
waived
2. It may not be invoked to protect a person
against being compelled to testify to facts
which may expose him only to public
ridicule or tend to disgrace him
3. It may not be invoked simply because the
testimony might subject one to some
liability
4. It is applicable only to a present not a past
criminality which involves no present danger
of prosecution
5. It can be availed of only against testimonial
compulsion
 extricating from defendants own
lips
against his will
an admission of his guilt
 Extends to the production by the accused of
documents, chattels, or other objects
demanded from him, for then he is compelled
to make a statement as to the identity of the
articles produced
The refusal of a person to produce a
specimen of his handwriting is also included
within the privilege.
 Accused is forced to discharge morphine from
his mouth
Accused is compelled to place his foot on a
apiece of paper to secure his footprint
Accused is compelled to be photographed or to
remove his garments and his shoes
A woman accuse of adultery is compelled to
permit her body to be examined by physicians to
determine if she is pregnant
The voluntary confession (given in the
preliminary investigation) of the accused is
admitted at the trial
 (1) No person shall be detained solely by
reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
 It is a positive declaration that within the
democratic framework, the people, for
example, can freely speak of what they
think is wrong with the government and its
leaders, or seek changes in the government
and its policies which they believe to be
necessary or the removal of public officials
unworthy of their trust.
 Involuntary servitude is a condition of
enforced, compulsory service of one to
another. It is applied to any service or labor
which is not free, no matter under what form
such service may have been rendered.
 Slavery the state of entire subjection of one
person to the will of another
Peonage the voluntary submission of a
person (peon) to the will of another because
of his debt
 the purpose of this prohibition is to maintain
a system of completely free and voluntary
labor by prohibiting the control by which the
personal service of one is disposed of or
coerced for another's benefit which is the
essence of involuntary servitude.
 Exception
involuntary servitude is imposed as a punishment
for a crime whereof the party shall have been
duly convicted
personal military or civil service is required of
citizens for the defense of the state
injunctions
exceptional services
exercise by parents to their authority
proper exercise of police power of the state
Section 19. (1) 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.
(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.
 according to the sound discretion of the
court
must be within the limits of a statute
fines depend on the nature of the offense
and the ability of the person punished to
pay the fine
 punishments are cruel if it involve torture or
lingering death
punishment is degrading when it brings shame
and humiliation to the victim, or exposes him
to contempt or ridicule, or lowers his dignity
and self-respect as a human being
all punishments greatly disproportionate to the
nature of the offense as to be shocking to the
human conscience would be both cruel and
inhuman
penalty of death or life imprisonment is not
cruel or inhuman when imposed for heinous
crimes
 the purpose of this guarantee is to eliminate
many of the barbarous and uncivilized
punishments formerly known, the infliction of
which would barbarize present civilization
 this section abolishes death penalty
it shall not be inflicted unless Congress
decides to reinstate it for 'compelling
reasons, involving heinous crimes.' (crimes
that are subsequently committed)
death penalties already imposed upon the
effectivity of the new Constitution were
automatically commuted to reclusion
perpetua or life imprisonment
 No person shall be imprisoned for
debt or non-payment of a poll tax.
A person should not be punished for
failure to pay debt to his creditor

One who use fraud or

misrepresentation which caused
damage to another could be held liable
for estafa
 Anti-Bouncing Check Law
Poll tax is levied on the basis of
residence
Community Tax Certificate (Cedula)-
document evidencing payment of poll
tax
Non-payment of tax is a crime; non-
payment of poll tax is an exception
 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.
A protection against second
prosecution for the same offense
after acquittal or conviction, and
against multiple punishments for
the same offense
To avoid double or multiple trial
and double or multiple conviction
for the same offense
 Where the offenses charged are penalized
either by different sections of the same
statute or by different statues:
Identity of offenses charged - the constitutional
protection against double jeopardy is available
only where an identity is shown to exist between
the earlier and the subsequent offenses charged
Identity of the acts - the constitutional protection
against double jeopardy is available as long as
the acts which constitute or have given rise to the
first offense under a municipal ordinance are the
same acts which constitute or have given rise to
the offense charged under a statute.
No ex post facto law or bill of
attainder shall be enacted.
 Ex Post Facto Law
A law which retroactively affects that right
or condition of an accused who committed
a crime prior to its effectivity.
Bill of Attainder
Is a legislation that inflicts punishment on
an individual without judicial trial.
In passing a bill of attainder, legislature in
effect exercises judicial power in disregard
of the doctrine of separation of powers.
 PD 1866
Illegal possession of unlicensed firearms
Sentence: 17years and 1 day to 21 years
RA 8294 (Revilla Law)
Amended the PD 1866, reducing sentence
to 6 years and 1 day to 8 years