Bill of Rights Word

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Republic of the Philippines

COMMISSION ON HUMAN RIGHTSPHILIPPINES

Regional Office III

City of San Fernando, Pampanga

BILL OF RIGHTS

The Bill of Rights (Article III, Sections 1 to 22, The 1987 Philippine Constitution)

- It is a declaration and enumeration of the individual rights and privileges, which the Constitution

designed to protect against violation by the government or by individuals or group of individuals.It is

a charter of liberties for the individual and a limitation upon the power of the government.

- It set forth certainlimitations to the inherent powers of the Statebecause, in the absence thereof,government being so powerful, may have the tendency to resort to tyranny.

3 Inherent Powers of the State Police Power Power of Eminent Domain Power of Taxation1.Right to Due Process and Equal Protection of the Law

Section 1No person shall be deprived of life, liberty and property without due process of law, nor

shall any person be denied equal protectionof the law.

What is meant by due process?

- A law which hears before it condemns, which proceeds upon inquiry and renders judgment only

after trial . (Darmouth College v Woodward, 4 Wheaton 518)

What does equal protection of the law connote?

- It means that no person or class of person shall be deprived of the same protection of lawswhich is enjoyed by other person or class of person in the same place and in like circumstances.

(PHILRECA vs. the Secretary, DILG, 403 SCRA 588)

- This guaranty is universal in its application to all persons within the territorial jurisdiction,without regard to any differences of race, color or nationality.


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- means an actual belief or reasonable grounds of suspicion, based on actual facts, that

the person to be arrested is probably guilty of committing the crime.(People vs. Doria, G.R. No.

123595, January 22, 1999)

- mere intelligence information or information given by a third person is not

equivalent to personal knowledge of the arresting officer. The arresting officer must have a

personal knowledge of facts indicating that the person to be arrested committed the offense.

Properties subject to seizure (Sec.2, Rule 126, Rules of Court

1. Subject of the offense2. Stolen or embezzled property and other proceeds or fruits of the offense

3. Property used or intended to be used as means for the commission of an offense

@ownershipnot required

@sufficient that it is within his control or possession

Conduct of Search (Sec. 7, Rule 126, Rules of Court

No search of a house, room or any of the premises shall be made except in the presence of thelawful occupant thereof or any member of his family or in the absence of the latter, in the

presence of two witnesses of sufficient age and discretion, residing in the same locality

Failure t o comply with the requirements invalidates the search Only the articles particularly described in the warrant may be seized; no other property may be

taken unless it is prohibited by law

Illegal possession of firearms is malum prohibitum, it does not follow that the subject thereof isillegal per se; A search warrant is still necessary.

A search warrant is not a sweeping authority empowering a raiding party to undertake a fishingexpedition to seize and confiscate any and all kinds of evidence of evidence or articles relating

to a crime. Thus, the search warrant was no authority for the police officers to seize the firearm

which was not mentioned , much less described with particularity.

Right against unreasonable searches and seizures. . . . . . . .

Exceptions to the general rule:

1. Search incidental to a lawful arrest; (Sec. 12, Rule 126, Rules of Court)2. Plain view Doctrinevisible to the eye;3. Search of moving vehicle; (Check points)4. Consented search;5. Custom search; and6. Stop and Search (Terry search)

PLAIN VIEW DOCTRINE

1. prior valid intrusion

2.evidence was inadvertently discovered

3. evidence must be evidently apparent


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4. plain view (plainly exposed to the eye) justified the seizure of the evidence without any

further search

SEARCH OF MOVING VEHICLE

JUSTIFICATION: It is not practicable to secure a warrant because the vehicle can be movedquickly out of the locality or jurisdiction in which the warrant may be sought

-allowed for purposes of preventing violations of smuggling or immigration laws made atborders/constructive borders

- required by the exigencies of public order and conducted in a way least intrusive to motorists Check point search may either be a mere routine inspection or an extensive search ROUTINE SEARCH- limited to a visual searchEXTENSIVE SEARCHconstitutionally permissible only if the officers conducting the search had

reasonable or probable cause to believe, before the search, that either the motorist is a law

offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to besearched (Caballes vs. CA, January 15, 2002)

CONSENTED SEARCH

Consent must be given by the person whose rights is being violated

CUSTOM SEARCH

Example: Search of passenger in airports

TERRY SEARCH/STOP &FRISK -based from the landmark case Terry v. Ohio (The policemen chanced upon the accused who

had reddish eyes, walking in a swaying manner, and who appeared to be high on drugs, thus the

searcyh

-vernacular designation of the right of a police officer to stop a citizen on the street, interrogateand pat him for weapons whenever he observes unusual conduct which leads him to conclude

that criminal activity may be afoot

3. Right to Privacy of Communication and Correspondence. . .

Section 3. (1) The privacy of communication and correspondence shall be inviolable except:a)upon lawful order of the court, or b)where 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.

(e.g. Anti-wiretapping law, Bank Secrecy Law)


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4.The Freedom of Speech, of Expression, of the Press and the right to assemble peacefully

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the

press, or of the right of the people peaceably to assemble and petition the government for

redress of grievances.

Seditious Speech Libel Oral Defamation

5. Liberty of Abode and the Right to Travel

Section 6. Theliberty 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.

Liberty of Abode

Exception: UPON LAWFUL ORDER OF THE COURT

Example: penalty of destierro

Right to Travel shall not be impaired except in the interest of:

1. national security,

2.public safety,

3.or public health, as may be provided by law.

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.

MIRANDA DOCTRINE/MIRANDA RIGHTS (Miranda v. Arizona) (Sec. 12, Art.III)1.Any person under investigation for the for the commission of an offense shall have the (a)

right to be informed of his right to remain silent and (b) 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.

3. Any confession or admission obtained in violation of this section shall be inadmissible in

evidence against him.

4. The law 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.


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(exclusionary rule)

- Once the primary source (tree) is shown to have been lawfully obtained, any secondary or

derivative evidence (fruit) derived from it is also inadmissible

Right of the Accused. . . . .

1. During the Arrest. . . . . .

(a) Right to remain silent and right to counsel of his choice;(Miranda Doctrine)

(b) Right to be delivered to the nearest police station or jail without unnecessary delay. (Rule 113,

Section 3); and

(c) Right against violence or used of unnecessary force during an arrest. (Rule 113, Section 2)

2. During Investigation and Detention -

(a) Right to remain silent; (Section 12, (1) Article III, 1987 Constitution)(b) To have competent and independent counsel of his own choice. If he cannot afford one, he

must be provided with one; (Section 12, supra)

(c) Right against torture force, violence, threat, intimidation and the right against secret detention;(Section 12, (1), supra)

(d) Right against self-incrimination; (Section 17, supra)

. . . .During Investigation and Detention

(e) Extra-judicial confession made by him shall be in writing and signed in the presence of his

counsel; (Section 2 (d), RA 7438)

(f) Any waiver under the provision of Article 125 (period of detention) of the Revised Penal Code

shall be in writing and signed by him in the presence of his counsel; (Section 2, (e), RA 7438)

(g) He shall be allowed visitorial rights by or conferences with any members of his immediate family

or any medical doctors, or by his counsel or any national non-governmental organization duly

accredited by the Commission On Human Rights. (Section 2 (f), RA 7438)

3. During Trial (Criminal Prosecution)

(a) Right to due process of law; (Section 14, (1), Article III, 1987 Constitution)(b) To be presumed innocent until the contrary is proved; (Section 14 (2), supra)(c) Right to be heard by himself and counsel; (supra)(d) Right to be informed of the nature and cause of the accusation against him; (supra)


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(e) Right to have a speedy, impartial and public trial; (supra)(f) Right to meet the witnesses face to face; (supra)(g) Right to have compulsory process to secure the attendance of witnesses and the production of

evidence in his behalf; (supra) and

(h) Right against self-incrimination. (Section 17, Article III, 1987 Constitution

Right to speedy disposition of cases

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

quasi-judicial or administrative bodies.

Bill of Rights. . . . .

Right to Bail

Section 13. All persons, except those charged with offenses punishable by reclucion 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 habeas corpus is suspended. Excessive bail shall not be required.

Bill of Rights. . . . .

Section 18. (1) No person shall be detained solely by reason of his political belief and aspiration.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the

party shall have been duly convicted.

Right against excessive fines; from cruel, degrading or inhuman punishment; and right of prisoners

or detainees

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 hereinafter provides for it. Any death penalty already imposed shall be

reduced to reclucion 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.

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

Rights against double jeopardy of punishment


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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.

Prohibition of ex post facto law and bill of attainder

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

- An ex post facto law is one that would make a previous act criminal although it was not so at the

time it was committed.

- A bill of attainder is a legislative act that inflicts punishment without trial, its essence being the

substitution of legislative fiat for a judicial determination.

Those who are suppose to enforce the law are not justified in disregarding the rights of the

individual in the name of order. Order is too high a price for the loss of liberty. As Justice Holmes,

again said I think it a lessevil that some criminals should escape than that the government should

play an ignoble part. It is simply not allowed in the free society to violate a law to enforce another,

especially if the law violated is the Constitution itself.

There was a shooting that happened. The police were in search of the culprit. Six (6) days after

the shooting , Go presented himself before the Arayat Police Station to verify news reports that he

was being hunted being the main suspect for the crime. The police arrested and detained him

because an eyewitness had positively identified him as the gunman who shot Maguan? Is the arrest

valid?

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