Chapter 10
CONSTITUTION OF LIBERTY
BILL OF RIGHTS [ARTICLE III]
Bill of Rights
 as a declaration and enumeration of a person’s rights and privileges
 A bill is a list or statement. In the case of bill of rights it is a list of
individual liberties.
 One of the most important articles in the Constitution. It pertains to
respect for human dignity.
Classes of Rights
1. Natural rights
2. Constitutional rights
3. Statutory rights
Section 1.
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.
Life, Liberty, and Property
2. As used in the Constitution are representative terms and
are intended to cover every right to which member of the
body politic is entitled under the law.
Due Process of Law
Daniel Webster defines due process as a law that hears before it condemns,
which proceeds upon inquiry, and renders judgment only after trial.
It is an old conception before it was adopted by the Constitution.
Equal Protection of Law
Is the right of persons to be treated equally before the law both in the
privileges conferred and liabilities imposed. Aspects of Due Process of Law
Procedural due process- refers to the method or manner by which the law is
enforced.
Substantive due process- which requires that the law itself, not merely the
procedures by which the law would be enforced, is fair, reasonable, and
just.
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 of warrant of
arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath of 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.
Search Warrant
- Is 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 personal property as described therein and bring it before
the court.
Personal Property to be Seized
1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of the
offense
Used or intended to be used as the means of committing an
offense
*Requisites of a Valid Search Warrant
 A search warrant shall not be issued except upon
probable cause to be determined by the judge.
*Search and Seizure Without Warrant
The search and seizure can be conducted without search warrant if/ in
case of:
1. There is a consent or waiver
2. Search is an incident to a lawful arrest
3. Transporting a contraband and there is difficulty in securing search
warrant
4. Article to be searched is open to eye and hand
5. 5. Inspection of establishments in the exercise of police power of
the state
6. 6. Searches made by border patrol or parts of entry in the interest
of national security
Arrest- is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
Requisites of a Valid Arrest
No violence or unnecessary force shall be used in making an arrest.
Arrest Without Warrant
A peace officer or a private person may, without a warrant, arrest
a person in the following instances:
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 just been committed and has personal
knowledge 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 [Rule 113, Rules of Court]
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.
Privacy of Communication
 The right to privacy is possessed by every human being, which he
does not lose or surrender when becoming a member of any
society. It is founded on a person’s inalienable right to enjoy his life
privately.
Anti Wire-Tapping Law and Right to Privacy
[Republic Act No. 4200]
 It is a statue, which was enacted in 1965.
 This Law prohibits and penalizes wire-tapping, which violates the
privacy of communication.
Section 4.
No law shall be passed abridging the freedom of speech,
expression, or
of the press, or the right of the people peaceably to assemble and
petition the Government for redress of grievances.
Freedom of Expression
 It implied the right to freely utter and publish whatever one pleases
without restraint.
 The freedom of speech and expression and of the press is a
safeguard against repressive measures by the state.
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 be forever allowed. No religious
test shall be required for the exercise of civil or political rights.
Freedom of Religion
The freedom of religion is a right of a man to worship God without
interference from any authority.
Religious Freedom in the Philippines
Religion holds a central place in the life of every Filipino. These
religions include Christianity, Islam, Buddhism, and others.
Separation of Church and State
 The separation of church and State has political and
legal doctrines that the government and religious
organizations should observe.
 The government should be involved only on a
secular matters and the church on spiritual matters.
Section 6.
The liberty od 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.
Liberty of Abode and Travel
 Abode means a dwelling, a house, a residence, or a home.
Under our Constitution a person can choose in any place he
wanted to stay.
Power of the State to Enforce Quarantine Measures
 It comes from the Italian term “quanrantena”, which means
forty-day period.
 Quarantine is a voluntary or compulsory isolation to contain
the spread of something dangerous, often a disease.
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.
Right to Information on Matters of Public Concern
 This gives the people the right to participate in the
affairs of the government.
 This is the political right of the people.
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.
Right to Association and Anti-Hazing Law
 Constitution allowed the citizens to join different organizations or
associations.
 Under this law no hazing or initiation rites in any form or manner by
fraternity, sorority or organization shall be allowed without prior
written notice to the school authorities or head of organization before
the conduct of initiation.
Section 9.
Private Property shall not be taken for public use without just
compensation.
Inherent Powers of the State
 Inherent- means being part of the basic nature of things or intrinsic
power of the state.
 The three inherent power of the state:
-police power -eminent domain -taxation
Section 10.
No law impairing the obligations of contracts shall be passed.
Obligations of Contracts
 Impairment means to diminish or weaken.
 Obligation means an Agreement by which one person is
bound to do something for another.
 A contract is a written agreement.
 The law of obligations of contracts is the body of rules,
which deal with the nature and sources of obligation or
duty.
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.
Free Access to the Courts and Right to Legal Assistance
 The status in life should not be a hindrance in obtaining
justice in a court of law.
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.
[2]
No torture, force, violence, threat, intimidation, or any other means,
which vitiate the free will which 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.
[4]
The law shall provide for penal and civil sanctions for violations of this
section as well as compensation of and rehabilitation of victims of
torture or similar practices, and their families.
Miranda Doctrine
 This doctrine has originated in the 1966 case of Miranda vs.
Arizona.
 In this case the US Supreme Court held that “the
prosecution may not use statements, whether exculpatory
or inculpatory, stemming from custodial interrogation of
the defendant unless it demonstrates the use of procedural
safeguards effective to secure the privilege against self-
incrimination.”
Section 13.
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
available 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
not be required.
Right to Bail
 The general rule on bail is that all persons shall
have the right to bail.
 Bail is the security given for the temporary release
of a person in custody of the law, furnished by him
or a bandsman, to guarantee his appearance before
the court.
 Bail can be by corporate surely, property bond, or
cash deposits.