SEC 1.
NO PERSON SHALL BE DEPRIVED OF LIFE, NOR SHALL ANY PERSON BE DENIED OF EQUAL
LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF
LAW
Two kinds of Due Process:
1. Procedural Process
In Non-Criminal Cases:
a) There must be a court or tribunal clothed with
judicial power to hear and determine the matter
before it;
b) Jurisdiction must be lawfully acquired over the
person of the defendant or over the property
which is the subject of the proceedings
c) The defendant must be given an opportunity to
be heard; and
d) Judgment must be rendered upon lawful hearing
In Criminal Cases:
In Administrative Cases:
a) Right to actual or constructive notice of the
institution of proceedings which may affect a
respondents legal rights
b) Real opportunity to be heard personally or with
the assistance of counsel, to present witnesses
and evidence in one’s favour, and to defend
one’s rights
c) A tribunal vested with competent jurisdiction
and so constituted as to afford a person
charged administratively a reasonable
guarantee of honesty as well as impartiality;
and
d) Finding by said tribunal which is supported by
substantial evidence submitted for
consideration during the hearing or contained
the records or made known to the parties
affected.
2. Substantive Process
Requirements:
a) Interests of the public generally, as
distinguished from those of a particular class,
require such interference; and
b) The means are reasonably necessary for the
accomplishment for the purpose, and not
unduly oppressive upon individuals
PROTECTION CLAUSE.
Equal Protection Clause:
a) Must rest on substantial distinctions
b) Must be germane to the purpose of the law
c) Must not be limited to existing conditions only; and
d) Must apply equally to all members of the same class
SEC. 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.
Purpose: To protect the privacy and sanctity of the
person and of his house and other possessions against
arbitrary intrusions by State Officers.
Prohibited: Unreasonable searches and seizures.
 Searches and Seizures are NORMALLY
unreasonable.
 Unless: authorized by a validly issued search
warrant or warrant of arrest.
Note: The fundamental protection given by the search
and seizure clause is that between person and police
must stand the protective authority of a magistrate
clothed with power to issue or refuse to issue search
warrants or warrants of arrest.
Is Presumption of regularity in search cases?
 to prevent stealthy encroachment upon, or
gradual depreciation of the right to privacy, a
liberal construction in search and seizure cases is
given in favor of the individual. (SONY MUSIC v
JUDGE ESPANOL)
Does SEC 2 of ART 3 protect citizens from unreasonable
S&S perpetrated by private individuals?
 NO. SEC 2 only applies as a restraint directed only
against the gov’t and its agencies tasked with the
enforcement of the law.
Possible to find a remedy in the NCC.
When does an inquiry become a search under SEC 2 of
ART 3? Are checkpoints constitutional?
Not all S&S are prohibited. Those reasonable are not
forbidden.
Reasonable Search is not to be determined by any fixed
formula but is to be resolved according to the fact of
each case. (VALMONTE v GENERAL DE VILLA)
Are checkpoints allowed?
Checkpoints are not illegal.
EXCEPTION: Where the survival of organized gov’t is on
the balance, or where the safety of the people are in
grave peril.
Checkpoints may be allowed and installed by the gov’t
Routine Inspection and a few questions do not
constitute unreasonable searches.
If the inspection becomes more thorough to the extent
of becoming a search,
Allowable Warrantless Searches.
Warrantless Search incidental to a lawful arrest
(SEC 12, RULE 16 of ROC)
Tests for a valid warrantless search incidental to a
lawful arrest:
The item to be searched was within the arrestee’s
custody or area of immediate control. (US v
TARAZON)
The search was contemporaneous with the arrest
(SHIPLEY v CALI)
Seizure of evidence in “plain view”
Requisites: (PEOPLE v EVARISTO)
A prior valid intrusion in to a place
The evidence was inadvertently discovered by the
police who had the right to be where they are
The illegality of the evidence must be immediately
apparent
Noticed without further search
Search of moving vehicle
Highly regulated by the government, the vehicle’s
inherent mobility reduces expectation of privacy.
There must be a highly reasonable suspicion
amounting to probable cause that the occupant
committed a criminal activity
Consented Warrantless Search
Requisites: (DE GARCIA v LOCSIN)
The right exists
The person involved had knowledge, either actual
or constructive, of the existence of such right
Said person had an actual intention to relinquish
the right
Thus the accused has voluntarily surrendered his
gun, he cannot claim illegality of the seizure.
(PEOPLE v AGBOT)
Customs search or Seizure of goods concealed to
avoid duties
Stop and Frisk
Scope: As a limited protective search of outer
clothing for weapons.
Two-Fold Interest: (MALACAT)
The general interest of effective crime prevention
and detection, which underlies the recognition that
a police officer may, under appropriate
circumstances and in an appropriate manner,
approach a person for purposes of investigation
possible criminal behavior even without probable
cause
The more pressing interest of safety and self-
preservation which permit the police officer to take
steps to assure himself that the person with whom
he deals is not armed with a deadly weapon that
could unexpectedly and fatally be used against the
police officer
Exigent and Emergency Circumstances
Warrantless Arrests (SEC 5, RULE 113 of ROC)
A peace officer or a private person may, without
warrant, arrest a person:
When his presence, the person to be arrested has
committed, is committing, or attempting to commit
an offense.
When an offense has in fact been committed, and
he has personal knowledge of facts indicating that
the person to be arrested has committed it.
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 escaped
while being transferred from one confinement to
another.
SEC 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.
Note:
 Forms and correspondence and communication
are covered are:
 Letters, messages, telephone calls, telegrams, and
the like
 Intrusion into the privacy of communication and
correspondence allowed
 Upon lawful order of the court, or when public
safety or order requires otherwise as prescribed
by law.
 Grounds may a court allow intrusion:
 Text does not give any ground.
 It is submitted that the requirement of probable
cause in the preceding section should be followed
 The privacy right is but an aspect of the right to be
secure in one’s person.
 Requisites when intrusion is made without judicial
order:
 Based upon a government official’s assessment
that public safety and order demand such
intrusion
PUBLIC ORDER AND SAFETY – the security of human
lives, liberty and property against the activities of
invaders, insurrectionists, and rebels
2. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
Effect of violation of Sec 2 and 3(1): inadmissible for
any purpose in any proceeding
SEC 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 RIGHTS)
Rights available to a person under investigation
a) Right to remain silent
b) Right to competent and independent counsel
preferably of his own choice
c) Right to be informed of such rights
Rights begin to be available:
a) Where the investigation is no longer a general
inquiry into an unsolved crime but has begun to
focus on a particular suspects
b) The suspect has been taken into police custody
c) The police carry out a process of interrogation that
lends itself to eliciting incriminating statements.
 The rule covers only situations when the person is
already in custody, for which reason Escobedo
refers to them as rights “under custodial
investigation”
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.
4. The law shall provide for penal and civil sanctions
for violations of this Section as well as
compensation to the rehabilitation of victims of
torture or similar practices, and their families.
SEC 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.
 by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for
the same act.

SEC 22 No ex post facto law or bill of attainder shall be

enacted.

SEC 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 notwithstanding the
absence of the accused: Provided, that he has been
duly notified and his failure to appear is
unjustifiable.

SEC 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.

SEC 16 All persons shall have the right to a speedy

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

SEC 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 physical, psychological, or

degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.

SEC 21 No person shall be twice put in jeopardy of

punishment for the same offense. If an act is punished