ARTICLE III- BILL OF RIGHTS
1987 Philippine Constitution
Why do you need to study this?
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.
RIGHT TO LIFE
RIGHT TO LIBERTY
RIGHT TO PROPERTY
CANNOT BE TAKEN
WITHOUT THE DUE PROCESS
DUE PROCESS
a requirement that legal matters
must be resolved according to
established rules and principles
YOU CANNOT GO LIKE THESE
WITHOUT THIS
EQUAL PROTECTION OF LAWS
SCALE OF JUSTICE
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.
SEARCH
a process conducted by
authorized officers to look for
specific items that are related to
the crime.
SEIZURE
officers take possession
of items during the
search
SEARCH
SEIZURE
unreasonable without a
valid search warrant
and warrant of arrest
SEARCH
WARRANT
an official document signed by the
judge which authorizes police
officers to search a particular
location and specific items
WARRANT OF
ARREST
an official document signed by the
judge which authorizes police
officers to arrest the person or
people named in the document
How to identify it is valid?
It must contain the following:
PROBABLE CAUSE
it must be issued where there is a
sufficient reason based upon known
facts to believe that crime is
committed
If you are a
police,
would you
arrest one of
them?
You cannot arrest them based on
what you know about them.
It must contain the following:
PROBABLE CAUSE
must be determined personally by
the judge and examine the
complainant and the witness he
may produce under oath or
affirmation.
WARRANTLESS
SEARCH
a search without a warrant
Is it possible?
YES as long as there is ...
CONSENT
freely and voluntarily agrees to
search of his or her property
THE PLAIN
VIEW
DOCTRINE
the evidence is clearly evident
Section 3.
The privacy of communication
and correspondence shall be
inviolable except upon lawful
order of the court, or when
public safety or order requires
as prescribed by law.
Section 4.
No law shall be passed abridging the
freedom of speech, expression, press,
or the right of the people peaceably
to assemble and petition the
government for redress of grievances.
YOUR RIGHTS END
WHEN YOU START TO
VIOLATE THE RIGHTS
OF ANOTHER PERSON
DEFAMATION
saying or writing
something about another
person that hurts their
reputation
DEFAMATION
LIBEL
(WRITTEN)
SLANDER
(SPOKEN)
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 or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights.
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. 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.
YOU CAN GO
WHEREVER YOU
WILL GO
Section 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.
TRANSPARENCY
BOARD
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.
Section 9.
Private property shall
not be taken for public
use without just
compensation.
Section 10.
No law impairing the
obligation of
contracts shall be
passed
.
The court shall not pass a
law that will impair, break
or suspend a contract or
treaty made between
parties involved.
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.
Quasi-judicial refers to a
proceeding conducted by an
administrative or executive
official or organization that is
similar to a court proceeding.
PUBLIC ATTORNEYS OFFICE
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.
MIRANDA
WARNING
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.
Section 12.
(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 sanctions for violations
of this section as well as
compensation to and
rehabilitation of victims of
torture or similar practices, and
their families.
HOW
MUCH?
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. 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.
Reclusion perpetua means
imprisonment for between 20
and 40 years, with a possibility
of parole after 30 years,
whereas life imprisonment
means life without parole.
BAIL
the money to put
up to secure the
release of a
person who has
been charged
with a crime.
WRIT OF HABEAS
CORPUS
“show me the body”
an order issued by a court directing a person
detaining another to produce the physical body
of the detainee at a designated time and place,
and to explain the reason for the detention.
Section 14.
(1) No person shall be held to
answer for a criminal offense
without due process of law.
Section 14.
(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 notwithstanding the absence of the accused
provided that he has been duly notified and his failure to
appear is unjustifiable.
PRESUMED
INNOCENT UNTIL
PROVEN GUILTY
WHO WILL SAY IF A
PERSON IS GUILTY
OR NOT?
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.
REBELLION OR INVASION
action consisting of armed forces of
one geopolitical entity entering
territory controlled by another such
entity.
Section 16.
All persons shall have the right
to a speedy disposition of their
cases before all judicial, quasijudicial, or administrative
bodies.
These right to protect
persons from intentionally
long and drawn-out
detention and
imprisonment.
Section 17.
No person shall be
compelled to be a
witness against himself.
A person's right
against
self-incrimination
The right against selfincrimination includes the
right to refuse to take the
witness stand and the right to
refuse to answer
an incriminatory question.
Section 18.
(1) No person shall be
detained solely by
reason of his political
beliefs and aspirations.
DETAINEE
Section 18.
(2) No involuntary
servitude in any form shall
exist except as a punishment
for a crime whereof the party
shall have been duly
convicted.
Involuntary servitude
or involuntary slavery is a legal
and constitutional term for a
person laboring against that
person's will to benefit another,
under some form of coercion and
compulsory.
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 hereafter provides for
it. Any death penalty already imposed shall
be reduced to reclusion perpetua.
HEINOUS CRIMES
(R.A 7659)
WHAT ARE THE
HEINOUS CRIMES?
TREASON
Any Filipino citizen who levies war against the Philippines or
adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua
to death and shall pay a fine not to exceed 100,000 pesos.”
No person shall be convicted of treason unless on the testimony of
two witnesses at least to the same overt act or on confession of the
accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts
of treason as defined in paragraph 1 of this Article shall be
punished by reclusion temporal to death and shall pay a fine not to
exceed 100,000 pesos."
QUALIFIED BRIBERY
If any public officer is entrusted with law enforcement and
he refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua
and/or death in consideration of any offer, promise, gift
or present, he shall suffer the penalty for the offense which
was not prosecuted.
If it is the public officer who asks or demands such gift or
present, he shall suffer the penalty of death."
PARRICIDE
Any person who shall kill his father, mother,
or child, whether legitimate of illegitimate, or
any of his ascendants, or descendants, or his
spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to
death."
HOMICIDE
the killing of one human being by another.
MURDER
Any person who, not falling within the
provisions of Article 246 shall kill another,
shall be guilty of murder and shall be
punished by reclusion perpetua, to death if
committed.
INFANTICIDE
The penalty provided for parricide in Article
246 and for murder in Article 248 shall be
imposed upon any person who shall kill any
child less than three days of age.
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS
Any person guilty of robbery with the use of
violence against or intimidation of any person
shall suffer the penalty of reclusion perpetua to
death, when by reason or on occasion of the
robbery, the crime of homicide shall have been
committed, or when the robbery shall have
been accompanied by rape or intentional
mutilation or arson.
KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Any private individual who shall kidnap or detain another, or in
any other manner deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than
three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon
the person kidnapped or detained; or if threats to kill him shall
have been made.
4. If the person kidnapped or detained shall be a minor, except
when the accused is any of the parents, female or a public officer.
RAPE
1. By using force or intimidation;
2. When the woman is deprived of
reason or otherwise unconscious;
and
3. When the woman is under
twelve years of age or is demented.
RAPE
Whenever the crime of rape is committed with the
use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be
death. When the rape is attempted or frustrated
and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion
perpetua to death.
Section 20.
No person shall be
imprisoned for debt or
non-payment of a poll
tax.
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.
JEOPARDY OF
PUNISHMENT
Section 22.
No ex post facto law
or bill of attainder
shall be enacted.
A bill of attainder is a
legislative act which declares
individuals guilt of a crime
and inflicts punishment on
individuals often without a
trial.
QUESTIONS?