article III philippine constitution

1. ARTICLE III
Bill of Rights
*Composed of 22 sections
• Protection against abuse of power and limits the vast
powers of the government
• Directed against the State and does not govern the
relationship between private persons.
• Rights are not absolute, meaning, they have
limitations in their exercise.

2. 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.
• What is “due process”?
• According to Daniel Webster, it is a “law which hears before it condemns;
which proceeds upon enquiry, and renders judgment only after trial”.
• It contemplates notice and opportunity to be heard before judgment is
rendered.

3. Life, liberty or property
• The Constitution gives to property the same
degree and quality of protection that it gives
to life and liberty.
• “You take my life, when you do take the
means whereby I live.”- SHYLOCK
• One’s employment, profession or trade is a
protected property.

4. Limitation of the right
Life: when the law imposes the death
penalty
Liberty: imprisonment of convicted
criminals
Property: when the power of eminent
domain is exercised by the government

5. 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.

6. What is a search warrant and a warrant of
arrest?
SEARCH WARRANT
• Issued only by a judge
• Issued upon probable cause
• Expires in 10 days
• It must particularly describe the
place to be searched and the
things to be seized
• Must be issued for only 1 offense
WARRANT OF ARREST
*Issued only by a judge
*Issued upon probable cause
• Does not expire unless the person
named in the warrant is actually
arrested or put into the custody of
the law
• It must name the person and/or
describe him with particularity

7. ARREST OF AN ACCUSED

8. Search Warrant defined
• An order in writing, issued in the name of the
People 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.

9. Warrant of
arrest defined
• A written order to
arrest a person
designated in order
that he may be bound
to answer for the
commission of an
offense or crime.

10. Probable Cause, meaning
• It is meant such 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.

11. ASSIGNMENT TO BE SUBMITTED NEXT
MEETING:
• 1. When can an arrest be made without a
valid warrant of arrest?
• 2. When can search and seizure be made
without a search warrant?

12. Limitation of the right under sec.2.
• Valid warrant of arrest or search warrant and
their exceptions.

13. Sec. 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.
• The right to privacy is the right to be left alone.
• Correspondence- the activity of writing letters or e-mails to
someone (exchange of letters)
• It is a right designed to secure enjoyment of one’s private life.
• R.A. 4200 “Anti Wire-tapping Act ”penalizes wire-tapping and
other violations of the privacy of communications.

14. Evidence illegally obtained
• 1. Inadmissible- it cannot be used in any court of law or
any proceedings, judicial or administrative.
• 2. Reason- practical way of enforcing this constitutional
guarantee. Payment of damages is not sufficient
protection against violation of the bill of rights
• 3. Right of owner- evidence inadmissible, therefore,
the owner has the right to recover the articles seized or
that they be returned except if the said items are illegal
per se like prohibited drugs and unlicensed firearms.

15. Sec. 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.
• Coverage:
• 1. free speech
• 2. free press(every sort of publication:
newspapers, periodicals, magazines, books,
leaflets and may also include radio and
television.
• 3. rights of assembly
• 4. right of petition- redress of grievances to
the government or any of its branch

17. Sec. 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 test shall be required for the exercise of civil
or political right.
• RELIGIOUS FREEDOM
• -is the right of a man to worship God.
• RELIGION
• -includes all forms of belief in the existence of superior
beings exercising power over human beings
• LIMITATION OF THE RIGHT: the exercise of religion must not
be contrary to law like healing through prayer and religious
rites for commercial purposes.

18. Some of existing religions in the Philippines
1. Catholic
2.Iglesia ni Cristo (INC)
3. Seventh-Day Adventist
Church (Sabadista)
4. Philippine
Independent Church
5. Jehovah’s Witnesses
6. Protestantism
And many more……

19. Religious Test Prohibited
A religious test is one demanding the avowal or
repudiation of certain religious beliefs before the
performance of any act. Therefore, religious
affiliation cannot be a qualification of public
officials or of voters. Religion cannot be a
qualification for securing a particular job.

20. Sec. 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.
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.
The liberty of abode (residence) and travel is the right of a
person to have his home in whatever place chosen by him and
thereafter change it at will, and to go where he pleases, without
interference from any source.
Limitation: when there is a court order stopping you from leaving
the country or in the interest of national security, public safety or
public health.

21. Sec. 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 the
citizen, subject to such limitations as may be provided by law.
• Known as the people’s “right to information” and go hand in hand
with Art. II sec. 28. which mandates policies of full public disclosure
by the State of all its transactions involving public interest.
• Limitation: confidential records involving national security and
those declared by law as confidential records like income tax
returns under our tax laws and certain army records.

22. Sec. 8. 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.
The “right to form associations” is the freedom to organize or
be a member of any group or association, union, or society,
and to adopt rules which the members judge most
appropriate to achieve their purpose.
The right to join an association includes the right to leave the
same and the right not to join any group.
Limitation: “purposes not contrary to law”

23. Sec. 9. Private property shall not be taken for public use
without just compensation
• 3 Essential or Inherent Powers of the
Government:
1. Power of eminent domain(Sec.9, ART.III)
2. Police Power
3. Power of Taxation
-they are all legislative in character, meaning, laws must be passed to exercise these
powers
- There can be no effective government without them

24. Power of Eminent Domain
• It is the right or power of the State or of those to whom the power has been
lawfully delegated to take (or expropriate) private property for (1)public use
upon (2) paying the owner a just compensation to be ascertained according to
law.
• Public use - means that it will be used for “public benefit” or that it is a “public
utility”.
• Payment of just compensation- Under the Local Government Code, 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 of the
property. The government will have an assessor to determine the value of the
private property.
• Expropriation Proceedings- a court process wherein the owner is given due
notice and hearing

25. POLICE POWER
• It has been referred to as the power of the State to enact such laws or
regulations in relation to persons and property as may promote public
health, public morals, public safety, and the general welfare and
convenience of the people.
LATIN MAXIM AS ITS BASIS
“Salus populi suprema est lex”- the welfare of the people is the supreme law
Examples of police power laws:
1. Public health- regulation of the medical profession; segregation of lepers;
maternity leave for women

26. ..
• 2. Public Morals- laws punishing vagrancy and prostitution; prohibiting
gambling
• 3. Public safety- license for the rigjht to drive a motor vehicle; requiring
compulsory military service; demolition of buildings declared to be a fire
hazard
• 4. General welfare and convenience- compulsory registration of lands;
authorizing removal of billboards offensive to sight; regulating prices of
commodities and rents of houses

27. Power of Taxation
• It is the power of the State to impose a charge
or burden upon person, property, or property
rights, for the use and support of the
government and to enable it to discharge its
functions.

28. Sec. 10. No law impairing the obligation of contracts
shall be passed.
• Obligation of contract is the law or duty which binds the
parties to perform their agreement according to its terms or
intent, if the agreement is contrary to law, morals, good
customs, public order or public policy.
• Example of a law which impairs the obligation of contracts:
• 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.

29. Sec. 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.
• It may not be sufficient to just grant the rights of a pauper (like
exemption from payment of court fees) to poor litigants. The State
has the constitutional duty to provide free and adequate legal
assistance to very poor citizens.
• R.A. 6033 “An Act Requiring Courts to Give Preference to Criminal
Cases Where the Party or Parties Involved are Indigents”
• Indigent- refers to a person who has no visible means of income or
whose income is insufficient for the subsistence of his family

30. Sec. 12. (1) Any person under investigation for the commission of
an offense shall 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.

31. • At the time a person is arrested, it shall be the duty of the arresting officer to inform him of
the reason for the arrest and he must be shown the warrant of arrest, if any. He shall be
informed of his constitutional rights to remain silent and to counsel, and that any statement
he might make could be used against him. The person arrested shall have the right to
communicate with his lawyer, a relative, or anyone he chooses by the most expedient means-
--by telephone if possible---or by a letter or messenger. It shall be the responsibility of the
arresting officer to see to it that this is accomplished (MIRANDA DOCTRINE). No custodial
investigation shall be conducted unless it be in the presence of counsel engaged by the
person arrested, by any person on his behalf, or appointed by the court upon petition by
either the detainee himself or by anyone on his behalf.
• THE RIGHT TO COUNSEL MAY BE WAIVED BUT THE WAIVER SHALL NOT BE VALID UNLESS
MADE WITH THE ASSISTANCE OF COUNSEL.
• Any statement obtained in violation of the procedure herein laid down, whether exculpatory
or inculpatory, in whole or in part shall be inadmissible in evidence.

32. (2) NO TORTURE, VIOLENCE, THREAT, INTIMIDATION OR ANY
OTHER MEANS WHICH VITIATE THE FREE WILL SHALL BE USED
AGAINST HIM. SECRET DETENTION PLACES, INCOMMUNICADO,
OR OTHER SIMILAR FORMS OF DETENTION ARE PROHIBITED.
• Incommunicado- not able to communicate with other people
(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.

33. Sec. 13. 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- is the security required by a court and given for the temporary or
provisional release of a person who is under the custody of the law
conditioned upon his appearance before any court as required under the
conditions specified.
• Kinds of bail:
a. Cash
b. Property
c. Surety
d. Recognizance

34. Sec. 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 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 he has been duly notified and his failure to appear is
unjustifiable.
• Subpoena- order to a person to testify in court
• Subpoena duces tecum- order of a court for a person to produce
documents, articles or other evidence and bring it before the court

35. Sec. 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
• - is an order by a court of competent
jurisdiction, directed to a 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.

36. How does the writ of habeas corpus
operate to safeguard the liberty of a
person?
The prisoner or any person in his behalf petitions the proper court, which
immediately issues the writ. It is sent to the person having another in his
custody. Such person is ordered to produce the prisoner in court at a
specified time, together with the explanation of the cause of detention, called
the return. After the order is obeyed, the judge scrutinizes the return and
decides whether it shows that the imprisonment is authorized by law. If so,
the prisoner is remanded---sent back to custody. If not, he is set free at once
by the judge.

37. Sec. 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative
bodies.
• “Justice delayed is justice denied.”
• Judicial bodies- courts
• Quasi-judicial bodies- executive agencies performing
adjudicatory functions similar to that of courts like the
National Labor Relations Commission and the Securities and
Exchange Commission
• Administrative bodies- executive agencies performing limited
adjudicatory functions such as the bureaus under different
departments

38. Sec. 17. No person shall be compelled to be a witness
against himself.
• Right to silence- failure or refusal to testify may not be used as
a presumption of guilt or taken as evidence against him
• Compulsory testimonial self-incrimination-the constitutional
guarantee that no person shall be compelled to be a witness against
himself is limited to prohibition against compulsory self-incrimination—
extricating from defendant’s own lips, against his will, an admission if his
guilt

39. Sec. 18. (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 of a crime
whereof the party shall have been duly convicted.
• INCARCERATION WITHOUT CHARGES OF “POLITICAL PRISONERS”
- Upon the declaration of Martial Law on Sept. 21, 1972 under Proclamation No.
1081 of former President Marcos, the military establishment carried out a
nationwide arrest and detention of known political opponents and critics of the
administration. Thousands of people were arrested and jailed during the whole
period of martial rule for attacking certain acts and policies of the President or
criticizing his administration or his family. Many remained in custody for years
without charges and they came to be known as “political prisoners or detainees”.

40. What is involuntary servitude?
• -denotes a condition of enforced, compulsory service of one
to another including:
a. SLAVERY- or the state of entire subjection of 1 person to the
will of another
b. PEONAGE- or the voluntary submission of a person (peon or
a debtor held in servitude by his creditor)

41. Exception:

42. Section 19
(1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress thereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion
perpetua.

43. What is the status of the death penalty in the Philippines right now?
• It has been abolished or prohibited by R.A.
9346(June 24, 2006) and all death penalty
already imposed has been automatically
reduced to reclusion perpetua.

44. What is a “heinous” crime which will be a reason to revive the death
penalty if Congress passes a law to that effect?
• A very bad or evil act deserving of hate or a
feeling that someone is not worthy of any respect
or approval. Example: treason, murder, parricide,
infanticide, kidnapping and serious illegal
detention, rape, plunder, use, manufacture and
sale of illegal drugs, carnapping, illegal
recruitment etc..

45. Is there a chance that the death penalty be imposed again?
• There is a very little chance because the world trend is to abolish the
imposition of the death penalty because studies have shown that it is not
a crime-deterrent. It means that people still commit heinous crime even if
death penalty is imposed.
• In Dec. 2012, 111 countries or more than half of the world’s countries
voted in favor of a United Nations resolution that would declare that there
would be no more executions globally.
• If ever Congress eventually pass a law to impose the death penalty again,
it can only have prospective application.

46. Top 5 Countries with the most executions:
1. CHINA
2. IRAN
3. IRAQ
4. SAUDI ARABIA
5. USA
Method of execution: electric chair, firing squad, hanging, lethal injection,
beheading but Saudi Arabia has executed 1 man by “crucifixion”.
China keeps its execution numbers secret but it is estimated that thousands
were killed in 2011.

47. How many countries impose and carry out the death penalty?
• Of more or less 200 countries in the world,
only 21 countries still impose the death
penalty and the Philippines have no
executions since 1999.

48. (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.
• Prohibited punishments:
• Burning alive
• Mutilation
• Starvation
• Drowning and other barbarous punishment
• Hanging
• electrocution

49. Sec. 20. No person shall be imprisoned for debt or non-payment
of a poll tax.
• One should not be punished on account of his poverty.
• A person may be imprisoned for failure to pay tax as it is not a
debt.
• Poll tax or personal or capitation tax- cedula

50. Sec. 21. No person shall be put twice 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.
• Right against double jeopardy
• -this guarantee protects against the dangers of a second
punishment as well as second trial for the same offense.

51. Sec. 22. No ex post facto law or bill of attainder shall be enacted.
• “Ex post facto” laws:
a. One which makes an action done before the passing of the law and
which was innocent when done criminal and punishes such action;
or
b. One which aggravates a crime or makes it greater than when it
was committed; or
c. Which changes the punishment and inflicts greater punishment
than the law annexed to the crime when it was committed;
d. One which alters the legal rules of evidence and receives less or
different testimony than the law required at the time of the
commission of the offense in order to convict the defendant.

52. Bill of Attainder
• Is a legislative act which inflicts punishment
without judicial trial.
• End of Article III