BILL OF RIGHTS – declaration and
In the case of contraband or
enumeration of individual rights and
privileges which the Constitution is designed
to protect against violations by the
government or by individual or group of
individuals.
- The best manifestation of a
democratic society.
Types:
1. Civil Rights – those rights that
belong to every citizen of the state
or country, to all its inhabitants, and
are not connected with the
organization or administration of
government. Examples are right to
marriage and equal protection of the
laws.
2. Political Rights – right to
participate, directly or indirectly, in
the establishment or administration
of government. Examples are right
to suffrage and right to hold office.
I – DUE PROCESS OF LAW – a law which
hears before it condemns, which proceeds
upon inquiry and renders judgment only
after trial. There should always be notice
and hearing.
II – EQUAL PROTECTION OF THE LAWS
– all persons or things similarly situated
should be treated alike, both as to rights
conferred and responsibilities imposed.
III – SEARCHES AND SEIZURES –
Gen. Rule: Warrant of Arrest is needed to
detain a person.
Exceptions:
1. When, in the presence of the
arresting officer, the accused has
committed, is actually committing, or
is attempting to commit an offense;
2. When the arresting officers has
personal knowledge of the facts
indicating that the person to be
arrested has committed the offense;
3. When the accused has escaped
from penal establishment or while
being transported.
Gen. Rule: Search Warrant is needed to
conduct searches in persons or things.
Exceptions:
1. Where there is consent or waiver;
2. Where search is an incident to a
lawful arrest;
3.
forfeited goods carried by various
means of transportation;
4. Plain view doctrine;
5. Incidental to inspection, supervision
and regulation;
6. Routinary searches made at the
border or port of entry;
7. Stop and Frisk
IV – PRIVACY OF COMMUNICATIONS
AND CORRESPONDENCE – also known
as the right to be left alone.
Exceptions:
1. Lawful Order of the Court
2. When public safety or order requires
V – FREEDOM OF EXPRESSION –
freedom of expression, both oral and written
from governmental prior restraint, except as
such expression constitutes libel, slander,
obscenity, sedition, or criminal conduct.
VI – FREEDOM OF RELIGION –
Two aspects:
1. Non-establishment clause – means
that the State cannot set-up a
church, nor pass laws which aid one
religion, aid all religion, or prefer one
religion over another, nor force nor
influence a person to go to or
remain away from church against
his will or force him to profess a
belief or disbelief in any religion.
2. Freedom of religious profession and
worship- right to believe is absolute.
Right to act according to one’s belief
is subject to regulation.
VII – LIBERTY OF ABODE AND TRAVEL –
Liberty of Abode is the freedom to choose
where one should reside. Exception is lawful
order of the court.
Liberty of Travel is the freedom to move
from one place to another. Limitations are
interest of national security, public safety or
public health.
VII – RIGHT TO INFORMATION – right of
every Filipino citizen to have access to the
records of the government.
Exceptions are privileged information,
military and diplomatic secrets, information
on investigations of crimes by law
enforcement agencies and trade and
industrial secrets.
VIII – RIGHT TO FORM ASSOCIATIONS –
the right to form, or join, unions or
associations, includes the right not to join or,
if one is already a member, to disaffiliate
from the association.
IX – NON-IMPAIRMENT CLAUSE –
safeguard the integrity of valid contractual
agreements against unwarranted
interference from the State in the form of
laws.
X – FREE ACCESS TO COURTS – “pauper
suits”
XI – MIRANDA DOCTRINE -
1. To remain silent;
2. To competent and independent
counsel;
3. To be informed of such rights;
4. Rights cannot be waived except in
writing and signed by the person in
the presence of his counsel;
5. No torture, force, etc., which vitiates
the free will shall be used;
6. Secret detention places are
prohibited; and
7. Confessions/admissions obtained in
violation of rights are inadmissible in
evidence.
XI – RIGHT TO BAIL – security given for the
release of a person in custody of the law,
conditioned upon his appearance before any
court as may be required.
Exceptions:
1. When charged with an offense
punishable by reclusion perpetua or
higher and evidence of guilt is
strong;
2. To the military.
XII – CONSTITUTIONAL RIGHTS OF THE
ACCUSED –
1. Criminal Due Process
2. Presumption of Innocence – the
strongest suspicion must not be
permitted to sway judgment.
3. Right to be heard by himself and
counsel.
4. Right to be informed of the nature
and cause of accusation against him
5. Right to speedy, impartial and public
trial
6. Right to meet witnesses face to face
7. Right to compulsory processes – to
secure the attendance of witnesses
and the production of evidence
8. Trial in absentia – when the
accused has been arraigned,
notified of date/s of hearing, and his
absence is unjustified.
XIII – HABEAS CORPUS - a writ issued by
a court directed to a person detaining
another, commanding him to produce the
body of the prisoner at a designated time
and place.
XIV – SPEEDY DISPOSITION OF CASES
XV – SELF-INCRIMINATION – no person
shall be compelled to be a witness against
himself. Applies to testimonial compulsion
only.
Exceptions:
1. Taking of hair samples;
2. DNA
3. Fingerprinting
4. Photographs
5. Paraffin Testing
6. Handwriting
XVI – NON-DETENTION BY REASON OF
POLITICAL BELIEFS OR ASPIRATIONS
XVII – INVOLUNTARY SERVITUDE
XVIII – PROHIBITED PUNISHMENTS
XIX – NON-IMPRISONMENT FOR DEBT
XX – DOUBLE JEOPARDY
XXI – EX POST FACTO LAW AND BILL
OF ATTAINDER
Ex post facto law – a law that makes
criminal an action done before the passage
of the law and which was innocent when
done, and punishes such action.
Bill of Attainder – it is a legislative act that
inflicts punishment without trial.