ARTICLE III

BILL OF RIGHTS

BILL OF RIGHTS
Declaration

and enumeration of a
persons rights and privileges which
the Constitution is designed to
protect against violation by the
government, or by individual or
groups of individuals.

CLASSES OF RIGHTS

Natural Rights
rights possessed by every citizen without being
granted by the State for they are given to man by
God as a human being created to his image so that
he may live a happy life.
Constitutional Rights
rights which are conferred and protected by the
Constitution.
Statutory Rights
rights which are provided by laws promulgated by
the law-making body and consequently, may be
abolished by the same body.

CLASSIFICATION OF
CONSTITUTIONAL RIGHTS

Political Rights
the power to participate, directly or indirectly , in
the establishment of administration of the
government.
Civil Rights
the law which secures of private individuals for the
purpose of securing to them the enjoyment of their
means of happiness.
Social and Economic Rights
to insure the well-being and economic security of
individual.
Rights of the accused
protection of a person accused of any crime.

STATE AUTHORIT Y AND

INDIVIDUAL FREEDOM
State,

an instrument to promote both

individual and social welfare.
Conflict
between individual rights
and group welfare
Balancing the individual and group
rights and interests
Role of the Judiciary

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.
MEANING

OF DUE PROCESS OF

LAWS:
1. Under the authority of the law that
is valid or the constitution itself.
2. After compliance with fair and
reasonable methods of procedure

ASPECTS OF DUE PROCESS OF

LAW
1. Procedural due process
Method or manner by which the law is
enforced.
a. In Judicial proceedings
b. In administrative proceedings
2. Substantive due process
The law itself, not merely procedures
by which the law would be enforced, is
fair reasonable.

PERSONS PROTECTED

All persons within the territorial Jurisdiction of the Philippines,

without regard to any difference of race, color, or nationality,
including aliens.

Natural Person or Juridical Person

MEANING OF LIFE

Something more than mere animal

existence. The prohibition against its
deprivation without due process extends to
all the limbs and faculties by which life is
enjoyed.

MEANING OF
LIBERTY
The

right of man to use its faculties

with which he has been endowed by
his Creator subject only to the
limitations that he does not violate
the law or the rights of others.

MEANING OF PROPERTY

The thing itself or the right over a thing.

WHAT CONSTITUTES
DEPRIVATION?
Deprivation of life
2. Deprivation of liberty
3. Deprivation
of
property
1.

MEANING OF EQUAL
PROTECTION OF LAWS.

all persons subjected to legislation should

be treated like under circumstances and
conditions both in the privileges conferred
and liabilities imposed.

REASONABLE CLASSIFICATION
PERMITTED
1.
2.
3.
4.
5.
6.

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 are not extended to men.
Preference is given to Filipino citizens in the lease of
public market stalls.
Different professions are taxed at different amount.
Employment in factories of children under
designated age is prohibited.

SCOPE OF THE
GUARANTEE
The guarantee of equal protection
The guarantee is available to all
persons.
3. It does not extend to rights which
are political.
4. It is not also intended to enforce
social equality.
1.
2.

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 whatever 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
witness he may produce and particularly
describing the place to be searched and the
persons or things to be seized.

MEANING OF SEARCH WARRANT

& WARRANT OF ARREST
Search warrant- an order in writing,
issued in the name of the people of the
Philippines, signed by a judge and
directly to a peace officer, commanding
him to search for a certain personal
property and bring it before the court.
Warrant of Arrest- a written order to
arrest a person designated to take him in
custody in order that he may be bound to
answer for the commission of an offense.

SCOPE OF PROTECTION

Persons- applies to every citizen of the Philippines

including aliens whether accused of crime or not.
Houses- not limited to dwelling houses but extends to a
garage, warehouse, shop, store, office and even a
safety deposit vault.
Papers and effect- include sealed letters and
packages in the mail which may be opened and
examined only in pursuance of a valid search warrant.

WHEN SEARCH & SEIZURE

UNREASONABLE

All
illegal
searches
and
seizures
are
unreasonable while lawful ones are reasonable.

REQUISITES FOR VALID SEARCH

WARRANT/ WARRANT OF ARREST
Issued upon probable cause
The probable cause must be determined
personally by the judge himself.
Such determination of the existence of
probable cause must be made after
examination by the judge of the complaint
and the witnesses he may produce.
Must particularly describe the place to be
searched and the persons of things to be
seized.

MEANING OF PROBABLE
CAUSE
Such

facts
and
circumstances
antecedent to the issuance of a
warrant sufficient in themselves to
induce cautious man to rely upon
them and act pursuance thereof.

SUFFICIENCY OF AFFIDAVIT UPON

WHICH WARRANT IS BASED

Test of sufficiency affidavit

to search is whether it had been drawn
in a manner that perjury could be
charged there on and affiant be held
liable for damages caused in case his
declaration are found to be false.
Basis of affidavit
Must be based on personal knowledge of
information.

SUFFICIENCY OF
DESCRIPTION

Place- to be searched is sufficient if the officer

with a search warrant can, with reasonable
effort, ascertain and identify the place intended.
Person- As a rule, a warrant of arrest for the
apprehension of an unnamed party upon whom
it is to be served is void except those cases
where it contains a description of the person or
such as will enable the officer to identify the
accused.
Property- is required to be specific only in so
far as the circumstances will ordinarily allow.

RIGHT AGAINST UNREASONABLE

SEARCH AND SEIZURE, PERSONAL
Proper party to invoke right
- The legality of search and seizure can be
contested only by the party whose
personal rights were involved.

Right subject to waiver

Without proper search warrant, no public
official has the right to enter the
premises of another without his consent
for the purpose of search and seizure.

WHEN SEARCH & SEIZURE MAY BE

MADE WITHOUT WARRANT

Where there is consent or waiver

Where search is an incident to a lawful arrest
In the case of contraband or forfeited goods being
transported
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 usually made at the border or
at ports of the entry in the interest of national
security and for proper enforcement or customs
and immigration laws.

WHEN ARREST MAY BE MADE

WITHOUT WARRANT

When, in his presence, the person to be arrested

has committed, is actually committing, or is
attempting to commit an offense.
When an offense has in fact just been committed
and has been personal knowledge of facts
indicating that a person to be arrested has
committed it.
When a person to be arrested is a prisoner who
has escaped from a penal establishment where
he is serving final judgement or temporarily
confined while his case is pending, or has
escaped while being transferred.

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.

MEANING OF RIGHT OF
PRIVACY
The

right to be left alone.

BASIS AND PURPOSE OF THE

RIGHT
Right

existing in the state of nature.

Right designed to secure enjoyment
of ones private life.

RELATIONSHIP WITH RIGHT

AGAINST UNREASONALE
SEARCHES AND SEIZURES
Aspect of right to be secure in ones
person
2. Privacy
of communication and
correspondence.
LIMITATIONS
ON THE RIGHT OF
1.

PRIVACY OF COMMUNICATIONS
Permissible interference
a. Upon lawful order of the court
b. When
public safety or order
otherwise as prescribed by law.
Intervention of the court

requires

EVIDENCE ILLEGALLY
OBTAINED
Inadmissible

Any evidence obtained in violation of the right

against unreasonable search and seizures and
the right to privacy and communication.

Reason

Its exclusion is the only practical way of

enforcing the constitutional guarantees.

Right

of power
The owner has the right that the articles seized
be returned.

MEANING OF WRIT HABEAS

DATA
Is

a judicial remedy available to any

individual whose right to privacy in
life, liberty or security is violated or
threatened by an unlawful act or
omission of a public official or
employee or of a private individual
or entity engaged in gathering,
collecting, or storing

A. PURPOSE OF THE
WRIT
To

secure the privacy of an individual

by way of regulating the processing
of personal information or data
about him.

B. HOW WRIT OPERATES

Any aggrieved party may file a petition in

court for the writ of habeas data. The court
shall issue the writ which shall be served
upon the respondent who shall file a written
return
under
oath
with
supporting
affidavits.

Section 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.

MEANING OF FREEDOM OF SPEECH,

& EXPRESSION AND OF THE PRESS
The

right to freely utter and publish

whatever
one
pleases
without
previous restraint, and to be
protected against any responsibility
for so doing as long as it does not
violate the law, or injure someones
character, reputation, or business.

SCOPE OF FREEDOM OF
EXPRESSION

The rights of assembly and petition, the right

to form associations or societies not contrary
to the law, and the right to religious freedom.

SCOPE OF TERMS SPEECH,

ESPRESSION & PRESS

Speech and Expressions is any form of

oral utterances such as protest as expression
of opinion about subjects of public concern.
The press is any sort of publications as
instruments for mass communication

IMPORTANCE OF THE
GUARANTEE
Promotes

growth of the individual

and the nation
Makes possible scrutiny of acts and
conduct of public officials.
Insures a responsive and popular
government.

FREEDOM OF EXPRESSION
NOT ABSOLUTE
Subject

to regulation by the states

Subject one to liability when abused.

JUSTIFICATION FOR
ABRIDGEMENT TO FREEDOM OF
SPEECH & OFF THE PRESS
Clear

and present danger rule

Application of the rule

RIGHT OF ASSEMBLY &

RIGHT OF PETITION

Right of Assembly
the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs.
Right of Petition
the right of any person or group of persons, to apply without
fear of penalty to the appropriate branch or office of
government for redress of grievances

RELATIONSHIP WITH FREEDOM

OF SPEECH AND OF THE PRESS
1.
2.

Complement of the right of free speech

Application of clear and present danger rule.

Section 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 of preference,
shall forever be allowed. No religious
test shall be required for the
exercise of civil or political rights.

MEANING OF RELIGIOUS
FREEDOM

The right of a man to worship God, and to entertain

such religious views as appeal to his individual
conscience, without dictation or interference by any
person or power, civil or ecclesiastical.

MEANING OF
RELIGION

All forms of belief in the existence of

superiors being exercising power over
human being and imposing rules of conduct
with future state or rewards or punishments.

ASPECTS OF RELIGIOUS
FREEDOM
1.
2.

The separation of Church and State

The freedom of religious profession
and worship.

FREEDOM OF RELIGIOUS
PROFESSION AND WORSHIP
Freedom to believe in a religion
2. Freedom to act in accordance with
such belief.
1.

RIGHT TO DISSEMINATE
RELIGIOUS BELIEFS
1.
2.

Relationship with right to believe

Justification for restraint of right

LICENSE FEE OR TAX ON SALE

RELIGIOUS ARTICLES
1.
2.

Permission or condition for exercise of right

Imposition of financial burden after exercise
of right.

RELIGIOUS TEST
PROHIBITED
1.

Meaning of terms
religious test is one demanding the
avowal/ repudiation of a certain
religious
beliefs
before
the
performance of any act.

Civil or political the individual right

safeguarded by the Constitution
and statutory laws

REASON FOR PROVISION

The

state without such a bar, not

with standing the doctrine of its
separation from the Church, could in
fact accord preference to a religious
organization.

Section 6.
The liberty of abode and of changing
the same within the limit prescribed
by law shall not be impaired except
upon lawful order of the court.
Neither shall the right to travel be
impaired in the interest of national
security, public safety or public
health, as may be provided by law.

MEANING OF LIBERTY OF
ABODE AND TRAVEL
It

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 where he pleases,
without interference of any source.

LIMITATIONS ON THE
RIGHT

Permissible interference
The right qualified by the clauses except upon lawful
order of the court and except in the interest of the
national security, and public safety or public health as
may be provided by law.
Invention of the court
under the 2nd limitation, a court order is not
necessary. The determination of the proper executive
officer (President) is subject to judicial reviews.
A person whose liberty of abode is violated may
petition for a writ habeas corpus against another
holding him in detention.

Section 7.
The right of the people to information on
matters public concerns 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 limitations as may be
provided by law.

RIGHT TO INFORMATION ON
MATTERS OF PUBLIC CONCERN.
Access o official records for exercise
of right.
2. Arguments in support of right.
3. Constitutionally
or
validity
of
implementing law.
1.

SCOPE OF THE RIGHT

1.
2.

3.

The right embraces all public records

It is limited to citizens only but is without
prejudice to the right of aliens to have access
to records of cases where they are litigants
Its exercise is subject to such limitations as
may be provided by law.

LIMITATIONS ON THE RIGHT

Public records excepted
2. Burden on government to justify
with holding of information.
1.

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 law shall
not be abridged.

MEANING OF RIGHT TO FORM

ASSOCIATIONS
Is

the 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.

LIMITATIONS ON THE RIGHT

The

right to form associations or societies

may be abridged or interfered with by the
State in the exercise of its police power.

PURPOSE OF
GUARANTEE
To

encourage the formation of

voluntary associations
By enabling individual to unite in the
performance of tasks, which singly
they would be unable to accomplish,
such
associations
relieve
the
government of a vast burden.

Section 9.
Private property shall not
be taken for public use
without just compensation.

ESSENTIAL OR INHERENT
POWERS OF GOVERNMENT
Totality

of government power.
Contained 3 great powers namely;
power of eminent domain, police
power and power of taxation.

a.
b.
c.
d.
e.

Similarities
These powers are similar in the following respects:
They all rest upon necessity
They are inherent in sovereignty
They are ways by which the state interferes with
private rights and property
They are all legislative in character
They all presuppose an equivalent compensation
received directly/ indirectly, by the personal
affected by the exercise of these powers by the
government.

MEANING OF EMINENT
DOMAIN
power

of the state or of those to

whom the power has been lawfully
delegated to take private property
for public use upon paying to the
owner a just compensation to be
ascertained according to law.

CONDITIONS FOR OR LIMITATIONS

UPON ITS EXISTENCE
1.
2.
3.

Existence of public use

Payment of just compensation
Observance of due process of law in
the taking.

MEANING OF
TAKING
1.
2.

Actual physical seizure not essential

The taking must be direct

MEANING OF POLICE
POWER
-

The power of the state to enact such

laws or regulations in relation to persons
and propertyy as my promote public
health, public morals, public safety, and
the general welfare and convince of the
people

BASIS OF POLICE POWER

2 latin maxims
Salus populi suprema est lex
The welfare of the people is the
supreme law
sic utere tuo ut alienum non lae
das
Use your own as not to injure
anothers property

POLICE POWER LAWS

Public

health
Public morals
Public safety
Public welfare and convenience

MEANING OF TAXATION
The

power of the state to impose

charge or burden upon persons,
property, or property rights, for the
use and support of the government
and to enable it to discharge its
appropriate functions.

THEORY AND BASIS OF

TAXATION
The existence of government is a
necessity that is cannot continue
without means to pay its expenses,
and that for these means it has a
right to compel all its citizens and
property
within
its
limits
to
contribute
2. The basis of taxation is to found in
the reciprocal duties of protection
and support between the State and
1.

MEANING OF TAXES
Are

the
enforced
proportional
contributors from persons & property
levied by the lawmaking body of the
State by virtue of its sovereignty for
the support of the government and
all public needs.

DISTINCTIONS AMONG THE 3

POWERS
1.
2.
3.
4.
5.

As to authority which exercise the

power
As to purpose
As to effect
As to persons affected
As to benefits received

Section 10.

No law impairing the obligation of

contracts shall be passed.

MEANING OF OBLIGATION OF
A CONTRACT
Is

the law of 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.

SCOPE OF TERMS LAW &

CONTRACT
The law, includes executive and
administrative
orders
of
the
President, administrative orders
issued by heads departments, and
ordinance
enacted
by
local
government.
2. The
contract, secured against
impairment under the Constitution,
includes contracts entered into by
the government.
1.

PURPOSE OF ON-IMPAIRMENT
PROHIBITION
To

protect creditors to assures the

fulfilment of lawful promises, and to
guard the integrity of contractual
obligations.

FREEDOM TO CONTRACT NOT

ABSOLUTE
Is

necessary limited 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.

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

CONSTITUTIONAL RIGHTS OF THE

ACCUSED IN CRIMINAL CASES

The right to adequate legal assistance

The right, when under investigation for the
commission of an offense to be informed of
his right to remain silent and to have counsel.
The right against the use of torture, force,
violence, threat, intimidation or any other
means which vitiates the free will.
The right against being held in secret,
incommunicado, or similar forms of solitary
detention.
The right to bail and against excessive bail.

CONSTITUTIONAL RIGHTS OF THE

ACCUSED IN CRIMINAL CASES

The right to due process of law

The right to presumption of innocence
The right to be heard
by himself and
counsel
The right to performed of the nature and
cause of the accusation against him.
The right to have a speedy, impartial, and
public trail.
The right to meet the witness face to face
The right to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf.

CONSTITUTIONAL RIGHTS OF THE

ACCUSED IN CRIMINAL CASES
The

right against self-incrimination

The
right against detention by
reason of political beliefs and
aspirations
The right against excessive fines
The right against cruel, degrading or
inhuman punishment
The right against infliction of the
death penalty except heinous crimes
The right against double jeopardy

Section 12.
(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.

Section 12.
(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

Section 12.
(4) The law shall provide for
penal and civil sanction for
violations of this section as well
as compensation to the
rehabilitation of victims of
torture or similar practices, and
their families.

RIGHTS OF PERSON UNDER

INVESTIGATION

1.
2.
3.

To be informed of his right to remain silent.

To have competent and independent counsel
preferably of his own choice or to be provided with
one.
Against being use of torture, force, violence, threat,
intimidation or any other means which vitiated the
free will
Against being held in secret, incommunicado, or
similar forms of solitary detention.
Effect of violation of the rights
When rights can be invoked
waiver of right of silence ad to counsel

Section 13.
All persons, except those charged with
offense punishable by reclusion perpetua
when evidence of guilt is strong, shall
before conviction, be bail able 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.

MEANING OF BAIL
temporarily

released of a person who

is in the custody of the law
conditioned upon his appearance
before any court as required under
the condition specified

PURPOSE OF FORM OF
BAIL
To relieve the accused from
imprisonment until his conviction
and yet secure his appearance at
the trials.
2. It may be in the form of cash
deposit,
properly
bond,
bond
secured from a surety company, or
recognizance
1.

MEANING OF CAPITAL
OFFENSE
Is

an offense which under the law

existing
at
the
time
of
its
commissions, and at the time of the
application to be admitted to bail,
may be punished with reclusion
perpetua, life imprisonment or
death.

Section 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 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 not with
standing the absence of the accused: Provided

RIGHT TO DUE PROCESS OF

LAW IN CRIMINAL CASES
Due

process in its procedural aspect

Observance of fundamental fairness

RIGHT TO PRESUMPTION OF
INNOCENCE
Safeguard

against false conviction

Requirement of proof of guilt beyond
reasonable doubt

RIGHT TO BE HEARD BY
HIMSELF AND COUNSEL
To

be present and defend in person

and by counsel
The accused must be present at the
arraignment and must personally
enter his plea
Prepare for trial
the court shall inform the accused of
his right to counsel and shall ask him
if he desires to have one.

MEANING OF PURPOSE OF
ARRAIGNMENT
1.

2.

Is made in open court by the judge or

clerk, and consist in furnishing the accused
a copy of the complaint or information with
the list of witnesses reading the same
language known to him and asking him
whether he pleads guilty or not guilty
The stage of arraignment 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 & CAUSE OF THE
ACCUSATION AGAINST HIM
Specific
allegations
of
crime
charged
2. Remedy of accused whose right is
RIGHT
TO HAVE A SPEEDY,
violated
IMPARTIAL, AND PUBLIC TRIAL
1.

1.
2.
3.

Speedy Trial- one that can be had as soon as

possible.
Impartial trial- basic requirement of due process in
criminal proceedings.
Public Trial- the whole public is admitted.

RIGHT TO CONFRONT OF
WITNESSES
Cross-

examination of witnesses by
the accused
Assessment by the court of witness
credibility
RIGHT
TO COMPULSORY PRODUCTION
OF WITNESSES & EVIDENCE

An accused person is entitled to have subpoenas issued

to compel the attendance of witnesses in his favor
The court, upon proper application of the defendant,
may order the prosecution to produce or permit the
inspection of evidence materials to any matter

TRIAL IN THE ABSENCE OF

THE ACCUSED
Conditions- the constitutional right
of the accused to be personally
present and tot be heard in his
defense by himself may be waived
by him
2. Reason for rule- the interest of a
speedy administration of justice
which should be afforded not only
to the accused but to offended
party as well
1.

Section 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.

SUSPENSION OF THE
PRIVILEGE OF WRIT

The privilege of the writ of habeas corpus

may be suspended by the president 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.
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.

WRIT OF AMPARO
Now,

families of victims of extra

judicial
killings
and
enforced
disappearance can invoke the writ
when the right to life, liberty, or
security of a person is violated or
threatened with violation by an
unlawful act or omission of a public
official or employee or of private
individual or entity.

Section 16.

All person shall have the right to a

speedy disposition of their cases
before all judicial, quasi-judicial,
or administrative bodies.

RIGHT TO SPEEDY
DISPOSITION OF CASES
Importance

of right
Invocation of right
Time limit in disposition of cases
Cases contemplated

Section 17.

No person shall be
compelled to be a
witness against himself.

RIGHT AGAINST SELFINCRIMINATION

Basis-

the right it is founded on

ground of:
a. Public policy
b. Humanity
Right

to silence

SCOPE OF GUARANTEE
The

right against self-incrimination

applies in criminal cases as well as in
civil, administrative, and legislative
proceedings where the fact asked for
is a criminal one. It protects one
whether he is a party or a witness.

Section 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 for a crime
whereof the party shall
have been duly convicted.

RIGHT AGAINST DETENTION SOLELY BY

REASON OF POLITICAL BELIEFS &
ASPIRATIONS

Incarceration without charges of

political prisoners
2. Suspension of privilege of writ of
habeas corpus even after lifting of
martial law
3. Prohibition of guarantee against
having prisoners of conscience
1.

MEANING OF INVOLUNTARY
SERVITUDE

Denotes
a
condition
of
enforced
compulsory service of one to another

It includes:
Slavery
peonage

EXCEPTIONS OF
PROHIBITIONS
When the involuntary servitude is
imposed as a punishment for a crime
When personal military or civil service is
required of citizens
To injunctions requiring striking laborers
to return to work
To exceptional service
To exercise by parents of their authority
When there is a proper exercise of the
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 psychological, or
degrading punishment against any
prisoner or detainee or the use of
substandard or inadequate penal
facilities under subhuman conditions

RIGHTS AGAINST CRUEL, DEGRADING,

OR INHUMAN PUNISHMENTS.
Form

of punishment
Quantity or duration of punishment
IMPOSITION OF DEATH PENALTY

Commutation of death penalties already imposed

Crimes considered heinous
Arguments against death penalty

Section 20.

No person shall be
imprisoned for debt or
non-payment of a poll
tax.

MEANING OF DEBT
Means

any liability to pay money

arising out of a contract, express, or
implied.

MEANING OF POLL TAX

Is a tax of a fixed amount imposed on

individuals residing within a specified
territory.

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.

MEANING OF RIGHT AGAINST

DOUBLE JEOPARDY
when

a person is charged with an

offense and the case is terminated
wither by acquittal or conviction or in
any other manner without the
express consent of the accused, the
latter cannot again be charged with
the same or identical offense.

EXISTENCE OF DOUBLE
JEOPARDY
Requisites
Rule

in case of mistrial

CASES OF DOUBLE JEOPARDY

For

the same offense

For the same act

Section 22.

No ex post facto law or

bill of attainder shall be
enacted.

MEANING OF EX FACTO
LAW

Makes an act done before the passage of the law,

innocent when done, criminal, and punished such
act
Aggravates a crime or makes it greater than when it
was committed
Changes the punishment and inflicts a greater
punishment than what a law annexed to the crime
when committed
Alters the legal rules of evidence, and receives less
testimony than or different testimony from what the
law requires at the time of the commission of the
offense, in order to convict the offender.

CHARACTERS OF EX POST
FACTO LAW
Relate

to penal or criminal matters

only/
They
are
retroactive
in
their
operation
They are deprive persons accused of
MEANING
OF BILL
OF or defense
crime of some
protection
ATTAINDER
previously
available
to
their
disadvantage
Is
a legislative act which inflicts
punishment without judicial trial