ARTICLE III BILL OF RIGHTS

Classification of Rights
Natural Rights
Constitution Rights
Statutory Rights
Civil and Political Rights
Social, economic and cultural rights
Basic rights - Life, Liberty, and Property
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 laws.
Persons Protected
Life, Liberty, Property
Inherent Powers of the State
Eminent Domain
Police Power
Taxation
Requisites in the exercise of Eminent Domain
1. Take private property for public use or purposes
2. Payment to the owner of just compensation
3. There must be due process of law
Latin Maxims
Salis populi est supreme lex
Sic utere tuo ut alienum non leadas
Concepts of canons of sound taxation
Equality
Certainty
Convenience
Economy
Essential Elements of Due Process of Law
Notice and opportunity to be heard and to defend in
Kinds of Due Process Law
Procedural due process (methods of governmental actions)
Substantive due process (policies of governmental actions)
SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizure of whatever nature and for any purpose shall be
determined personally by the judge
Meaning of Probable Cause
Meaning of Search Warrant and Warrant of Arrest
Requisites for Valid Search Warrant or Warrant of Arrest
1. It must be issued upon probable cause

2. The judge must personally determine the probable cause

3. Such determination of the existence of probable cause must be made after examination by
the judge of the complainant and the witness he may produce
4. The warrant must particularly describe the place to be searched and the persons or things
to be seized
When Search and Seizure May be Made Without Warrant
1. Where there is consent or waiver
2. Where search is an incident to all lawful arrest
3. In the case of contraband or forfeited goods being transported by ship automobile, or
other vehicle, where the officer making it has reasonable cause for believing that the latter
contains them in the view of the difficulty attendant it has securing a search warrant.
4. Where, without search warrant, the possession of articles prohibited by law is disclosed to
plain view or is open eye and hand
5. As an incident of inspection, supervision, and regulation in the exercise of police power
such as inspection of restaurants by health offices, of factories y labor inspectors, etc.
6. Routinely searches usually made at the border or at ports of entry in the interest of
national security and for proper enforcement of customs and immigration laws.
When Arrest May Be Made Without Warrant
1. When, in his presence, the person to be arrested has committed, is actually committing or
is attempting to commit an offense.
2. When an offense has in fact just been committed and he has personal knowledge of fact
indicating that the person to be arrested has committed it
3. 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 escape while being transferred for confinement to another
Other Instances of Warrant-less Search or Arrest
1. In case of war or national emergency
2. If it is done in the valid exercise of police power of the state
3. Tap and frisk search on suspicious individuals
4. Search on automobiles, a boat, an airplane, o other vehicle if they have good reason to
believe that they contain evidence of commission of a crime or are being used to commit
one
Personal Property Subject for Search
1. Subject of the offense
2. Stolen or embezzled items and other proceeds or fruits of the offense
3. Used or intended to be used as the means of committing an offense
Types of Arrest
Parol arrest
Citizens arrest
Re arrest
Warrant less arrest
Custodial arrest
Preventive 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
SECTION 4. No law shall be passed abridging the freedom of speech, or expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redness
of grievances
Freedom of speech and of the press
Concept of prior restraint
SECTION 5. No law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof.
Religious Freedom
Free Exercise of Religion, Not an Absolute Right
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.
SECTION 7. The right of the people to information on matters of public concern shall be
recognized.
Right to Information
Writ of Habeas Data
SECTION 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 the law shall not be
abridged.
Right to organization
SECTION 9. Private property shall not be taken for public use without just compensation.
Right to private property and the right to just compensation
SECTION 10. No law impairing the obligation of contracts shall be passed.
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
SECTION 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of this right to remain silent and to have competent and independent
counsel preferably of his own choice. (2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against him. (3) Any confession or
admission obtained in violation of this section 17 hereof, shall be inadmissible as evidence
against him. (4) The law shall provide for penal and civil sanction
Right of person under investigation
The right to be informed of his right to remain silent and have competent and independent
counsel, preferably his own choice
If the person cannot afford services of legal counsel, he must be provided with one.

Torture, force, violence, threat, intimidation or any other means, which vitiate the free will in
obtaining his confession or admission, shall not be used against him as these will be inadmissible
as evidences in court.
Miranda Doctrine
1. Informed of their right to remain silent
2. Warned that any statements they make may be used against them
3. Informed that they have the right to have an Attorney present during questioning
4. Told that if they cannot afford to hire a lawyer, on will be provided
5. Notified that they may terminate the questioning at anytime
SECTION 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.
Types of Bail
Corporate surety
Property bond
Cash bond
Recognizance
SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of
law. (2) Mahaba asa book.
Rights of accused in all criminal prosecutions
1. Presumption of innocence
2. Right to be heard by himself and legal counsel
3. Right to be informed of the nature and cause of accusations against him
4. Right to have speedy, impartial and public trial
5. Right to meet the witness face to face
6. Right to have compulsory process to secure the attendance of witnesses and the
production of evidence
SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
in invasion of rebellion when the public safety requires it
Privilege of writ of habeas corpus
Writ of Amparo
SECTION 16. All persons shall have the right to speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies
SECTION 17. No person shall be compelled to be a witness against himself.
Right against self-incrimination
SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations. (2) No involuntarily servitude in any form shall exist except as punishment for a
crime where of the party shall have been duly convicted
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. (2) The employment of physical, psychological, or punishment against any
prisoner or detainee or the use of sub-standard or inadequate penal facilities under subhuman
conditions shall be dealt with by the law.

Non bailable offenses

Those capital offenses or crimes punishable by death, when the guilt is strong
Those offenses punishable by reclusion perpetua, or life imprisonment when evidence of
guilt is strong
Heinous crimes capital punishment
a. Murder
b. Rape
c. Parricide
d. Arson
e. Kidnapping and serious illegal detention
f. Robbery with homicide, rape intentional mutilation or arson
g. Rape committed by 2 or more persons or with deadly weapons or w/ homicide
h. Plunder
i. Piracy in general and mutiny in high seas or in Phil waters
j. Importation of prohibited drugs
k. Sale, administration, delivery, distribution, and transportation of prohibited drugs
l. Maintenance of den, dive, or resort for prohibited drug users
m. Manufacture of prohibited drugs
n. Possession or use of prohibited drugs
o. Cultivation of plants which are sources of prohibited drugs
SECTION 20. No person shall be imprisoned for or non-payment of a poll tax.
SECTION 21. No person shall be twice put in jeopardize of punishment for the same offense.
SECTION 22. No ex post facto law or bill of attainder shall be enacted
Requirements for a law to be ex post facto
a. The law must be a criminal law
b. Applied to an act committed before enactment of law
c. Disadvantageous to the accused