Republic of the Philippines

TARLAC AGRICULTURAL UNIVERSITY

Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

SCSC03 – Philippine Government and Constitution

WORK TEXT

ARTICLE III: BILL OF RIGHTS

Learning Outcomes - At the end of

Bill of Rights may be defined as a declaration and this chapter, the student should be
enumeration of a person’s right and privileges which the able to:
constitution designed to protect against violations by the
government or by an individual or groups of individuals.  Define the different Rights and
Privileges recognized under our
Example: right to receive a minimum wage and the right to
laws;
adopt a child by an unrelated person.
 Understand the rationale behind
Classes of Rights these rights as well as their
exceptions
1. Natural Rights - Rights possess by every citizen without
 Determine their
being granted by the state for they are given to man by
significance/application to any
God as human being created to his image.
current issues within our country
2. Constitutional Rights - Rights which are conferred by
the constitution.
3. Statutory Rights - Rights which are provided by laws by
the law making body and consequently maybe abolish by the same body.
Classification of Constitutional Rights
1. Political Rights - Gives the citizen the power to participate directly or indirectly.
2. Civil Rights - Rights which the law enforce. Includes the rights to due process and equal protection
of the law.
3. Social and Economic Rights - Includes the right which are intended to insure the well-being and
economic security of the individual.
4. Rights of the Accused - Civil rights intended for the protection of the person accused of any crime.
Like the right to presumption of innocence.

SECTION 1:
Due Process of Law - a law or a policy that hears before it condemns, a principle of fair play.
Aspects of Due Process of Law
1. Procedural Due Process - refers to the method or manner by which the law is enforced.
2. Substantive Due Process - requires that the law itself not merely the procedure by which the law
would be enforced is fair, reasonable, and just.
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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

Procedural Due Process

1. Judicial Proceedings Requisite -
• An impartial court clothed by law with authority to hear and determine the matter before it
• Jurisdiction lawfully acquired over the person of the defendant or property w/c is the subject
matter of the proceedings
• Opportunity to be heard given the defendant
• Judgment to be rendered after lawful hearing
2. Administrative Proceedings - notice and hearing may be dispensed with, where because of public
need or for practical reasons, the same is not feasible.
Substantive Due Process - Law requires that the law in question affecting life, liberty or property be
a valid law.
 Life - means something more than mere animal existence.
 Liberty – denotes merely freedom from physical restraint. It also embraces the rights of man
to use his faculties with which he has been endowed by his Creator.
 Property – may refer to the thing itself or the right over a thing.
Equal protection of the law – signifies that “all persons subject to legislation should be treated alike,
under like circumstances and conditions both in the privileges conferred and liabilities imposed”.

SECTION 2:
Search warrant – an order of 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 certain personal property and
bring it before the court.
Warrant of arrest – to arrest a person designated and to take him into custody in order that he may
be bound to answer for the commission of an offense.
Scope of the Protection:
1. Persons - the protection applies to everybody.
2. Houses - the protection is not limited to dwelling houses but extends to a garage, warehouse, shop,
store, office, and even a safety deposit vault. Does not extent to open spaces and fields belonging to
one.
3. Papers and effects - include sealed letters and packages in the mail which may be opened and
examined only in pursuance of a valid search warrant.

Requisites for valid search warrant or warrant of arrest

• Must be issued upon probable cause
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Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

• 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 complainant and the witnesses he may produce
• Must be particularly describe the place to be search and the person or things to be seized.

Probable cause - such facts and circumstances antecedent to the issuance of the warrant sufficient in
themselves to induce a cautious man to rely upon them and act in pursuance thereof.
When search and seizure may be made without warrant:
1. Where there is consent and waiver.
2. Where such is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported by ship, automobile, or other vehicle,
where the officer making it has reasonable cause for believing that the latter contains them.
4. Where without a search, the possession of the articles prohibited by law is disclosed to plain view
or is open to eye and hand.
5. As an incident of inspection, supervision and regulation in the exercise of police power.
6. Routinary searches usually made at the border or at ports of entry in the interest of national
security.
When Arrest maybe made without warrant:
1. When in his presence, the person to be arrested has committed or attempting to commit an offense.
2. When an offense has in fact just been committed and he has personal knowledge of facts indicating
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 or place
where he is serving final judgment, or has escaped while being transferred to one confinement to
another.

SECTION 3: Right of privacy – right to be left alone

SECTION 4: No law shall be passed abridging the freedom of speech, of expression, or of the press
Freedom of speech, expression and of the press - Also known as freedom of expression, implies 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. It also includes the right
to circulate what is published.
Scope of terms of Speech, expression and press
1. Speech and expression includes any form of oral utterances
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COLLEGE OF ARTS AND SCIENCES

2. Press covers every sort of publication. Radio and television as instrument of mass communication
is included within the term.
Freedom of expression not Absolute
1. Subject to regulation by the State - it is always subject to some regulation by the State in order that
it may not be injurious to the right of the community or society.
2. Subject one to liability when abused - the following may be penalized:
• Anyone who Slanders or Libels
• Lewd and obscene speech
• Fighting words
• Seditious speeches

Right of Assembly and 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 - right of any person or group of persons to apply, without fear of penalty to the
appropriate branch or office of the government for redress of grievances.

SECTION 5: No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof.
Religious Freedom - right of 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.
Religion - includes all forms of belief in the existence of superior beings exercising power over
human beings.

SECTION 6: The liberty of abode and travel

Liberty of Abode and Travel - 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 from any source.
Limitations:
• Permissible interference - “except upon lawful order of the court” and except in the national
security, public safety or public health according to law.
• Intervention of the court - note that under the second limitation, a court order is not necessary a
person whose liberty of abode is violated may petition for a writ of habeas corpus against another
holding him in detention
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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

SECTION 7: The right of the people to information on matters of public concern shall be recognized.
Writ of Habeas Data - a judicial remedy available to any individual whose right to privacy in life,
liberty, or security is violated or threatened by an unlawful act.
Purpose of Writ - by way of regulating the processing of personal information or data about him.
Gives the individual the right to find out what information is being kept about.

SECTION 8: The right of the people, to form unions, associations, or societies not contrary to law.
The right to form an association 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. Grants government employees to form labor unions.

SECTION 9: Private property shall not be taken for public use without just compensation.
*Inherent Powers of Government - Totality of governmental power, contains three great powers:
1. Power of Eminent Domain - power of the state to take private property for public use upon paying
the owner just compensation.
2. Police Power - power of the state to enact laws and regulations in relation to person and property as
may promote public health, public morals, public safety, and general welfare of the people.
3. Power of Taxation - 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.
Illustrations of Police Power
1. Public health - those regulating the medical profession
2. Public Morals - those punishing vagrancy and prostitution, prohibiting gambling, etc.
3. Public Safety - eg. those requiring a license to drive a motor vehicle
4. General welfare and Convenience - those requiring compulsory registration of lands, authorizing
the removal of billboard offensive to sight, etc.

Taxes - are enforced proportional contributions from persons and property levied by the lawmaking
body of the State.

SECTION 10: No law impairing the obligation of contracts shall be passed.

 Republic of the Philippines
TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

Obligation of Contract is the law or duty which binds the parties to perform their agreement
according to its terms and intent if it is not contrary to law, morals, good customs, public order or
public policy.

SECTION 11: Free access to the courts and quasi-judicial bodies and adequate legal assistance.
Constitutional Rights of the Accused in Criminal Cases
1. Right to adequate legal assistance
2. The right to be informed of his right to remain silent and to have a counsel
3. Right against the use of torture, force, violence, threat, intimidation, or any other means which
vitiates the free will.
4. Right against being held in secret, incommunicado, or similar forms of solitary detention.
5. Right to bail and against excessive bail
6. Right to due process of law
7. Right to presumption of innocence
8. Right to be heard by himself and counsel
9. Right to be informed of the nature and cause of the accusation against him.
10. Right to have a speedy, impartial trial.
11. Right to meet the witnesses face to face
12. Right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf.
13. Right against self-incrimination
14. Right against detention by reason of political beliefs and aspirations
15. Right against excessive fines
16. Right against cruel, degrading or inhuman punishment.
17. Right against infliction of the death penalty except for heinous crimes
18. Right against double jeopardy.

Reasons for Constitutional Safeguards

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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

1. A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are of
unequal strength.
2. Criminal accusations, a very serious matter-the defendant by merely being accused may find
himself in immediate trouble whether guilty or not, his reputation is at question. The accused
therefore needs every possible opportunity to defend himself
3. Protection of innocent, the underlying purpose-the purpose is to assure that truth will be discovered
and that justice will be done
Right to Free access to courts and Quasi-judicial bodies - for the protection of their persons and
properties, the prevention and redress of wrongs and the enforcements of contracts.
Right to adequate legal assistance - the State has a duty to provide free and legal assistance to
citizens when needed.

SECTION 12: Right to be informed of one’s rights and be free from any forms of violence, torture or
force.
Rights of Person under investigation
1. to be informed of his right to remain silent
2. to have competent and independent counsel preferably of his own choice or to be provided with one
3. against the use of torture, force, violence, threat, intimidation, or any other means w/c vitiates the
free will
4. against being held in secret, solitary , incommunicado, or other similar forms of detention

SECTION 13: Right to bail, except those charged with reclusion perpetua.
Bail - security required by a court and given for the provisional or temporary release of a person who
is in the custody of the law.
Purpose and form of Bail:
• To relieve an accused from imprisonment until conviction
• Right to bail is granted because in all criminal prosecutions, the accused is pressumed innocent.
• It may be in a form of cash deposit, property bond, bond from surety company or recognized.
Who may not invoke the right to Bail
• Applicant is not yet in custody of the law
• Charged with capital offense or an offense punishable by reclusion perpetua, life
imprisonment or death.
• No bail shall be allowed after the judgment has become final or after the accused has
commenced to serve sentence.
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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

Capital Offense - is an offense, which under the law existing may be punishable by “reclusion
perpetua”, life imprisonment, or death.

SECTION 14: No person shall be held to answer for a criminal offense without due process of law.
Right to due process of law
1. Due process in its procedural aspect - a person cannot be held to answer without due process of
law.
• The accused must be:
- Tried before a competent court (ex. Court having jurisdiction)
- Given fair and impartial trial
- Allowed to use all legal means and opportunity to defend himself
• The judgment awarded against him must be within the authority of a valid law.
2. Observance of fundamental fairness

 Right to presumptions of innocence - In all criminal prosecutions, the accused is presumed

innocent until the contrary is proved.

 Safeguard against false conviction - the presumption is no person shall be convicted of a

crime except upon confession or his guilt is an established proof beyond reasonable doubt.

 Requirement of proof of guilt beyond reasonable doubt - “it is better to acquit a person upon
the ground of reasonable doubt even though he may, in reality be guilty, than to inflict
imprisonment on one who may be innocent”.

 Right to be heard by himself and counsel

- The Rules of Court provides:
1. In all criminal prosecution, the defendant shall be entitled to be present and defend in
person and by counsel at every stage of the proceedings.
2. The accused must be present at the arraignment and must personally enter his plea
3. After a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the
court. For good cause grants him further time.
4. Before arraignment, the court shall inform him of his right to counsel and shall ask him if
he desires to have one.
Arraignment is made in an open court by the judge or clerk, and consist in furnishing the
accused of the copy of the complaint.
 Right to be informed of the cause and nature of the accusations against him:
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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

1. Specific allegations of crimes charged - implies that the offense w/c a person is accused of be
made known to him.
2. Remedy of accused whose rights is violated - this requirement of notice is indispensable in as
much as in criminal cases not only the liberty but even the life of the accused maybe at stake.
 Right to have a speedy, impartial and public trial
1. Speedy trial - one that can be has as soon as possible, after a person is indicted and within such time
as the prosecution with reasonable diligence, could prepare for it.
2. Impartial trial - absence of actual bias in the trial of cases
3. Public trial - it is not of necessity one to w/c the whole public is admitted, but it is one open to all.
 Right to confrontation of witnesses - The accused person has the right to confront witness
face to face.
Reasons are:
1. Cross-examination of witness by the accused
2. Assessment by the court of witness’ credibility
Trials in the absence of the accused (In Absentia)
1. Conditions on Trial In the absence of the Accused:
• He has been arraigned
• He has been duly notified of the trial
• Failure to appear is unjustifiable
Reason for rule - an accused cannot, by simply escaping, thwart his prosecution and possibly
eventual conviction provided only that the three conditions above are present.

SECTION 15: The privilege of the writ of habeas corpus shall not be suspended except when the
public safety requires it.
Writ of habeas corpus - Order issued by the court directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place. May be
suspended by the president incase only if invasion or rebellion when public safety requires it.
Purpose of the writ: To inquire into all manner of involuntary restraint or detention as distinguished
from voluntary and to relieve a person therefrom if such restraint is found illegal.
Writ - is the order from the court requiring a person detaining another to show cause for detention
Writ of Amparo - This special writ prohibits respondents from using the defense of simple denial.
Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances when
the right to life, liberty or security of a person is violated or threatened.
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TARLAC AGRICULTURAL UNIVERSITY
Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

SECTION 16: All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

SECTION 17: No person shall be compelled to be a witness against himself.

Right against Self-incrimination - no person shall be compelled to be a witness against himself
which may expose him to criminal liability
Basis:
• Public policy - because if the party is thus required to testify, He would be placed under the
strongest temptation to commit perjury.
• Humanity - prevents extortion of confession by duress.
• Right to silence - his failure or refusal to testify may not be used as a presumption of guilt or taken
as evidence against him.

SECTION 18: Freedom from political belief

Right against detention solely by reason of political beliefs and aspirations.
1. Incarceration w/o charges of political prisoners - thousand of people were arrested and jailed during
Martial law.
2. Suspension of privilege of writ of habeas corpus even after lifting of Martial law
3. Prohibition a guarantee against having a prisoners of conscience Involuntary servitude - denotes a
condition of enforced, compulsory service of one to another. It includes:
• Slavery - the state of entire subjection of one person to the will of another.
• Peonage - voluntary submission of a person to the will of another because of his debt.
Basis and purpose of the prohibition:
1. The prohibition is grounded on the value accorded to human dignity in a democratic and free
society.
2. The purpose is to maintain a system of completely free and voluntary labor.

Exceptions to the Prohibition:

1. When the involuntary servitude is imposed as a punishment for a crime
2. When personal military or civil service is required of citizens to defend the State
3. The injunctions requiring the striking laborers to return to work pending settlement of an industrial
dispute
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Camiling, Tarlac

COLLEGE OF ARTS AND SCIENCES

4. To exceptional services such as military and naval enlistment

5. To exercise by parents their authority to require their children to perform reasonable amount of
work
6. When there is a proper exercise of the police power of the State.

SECTION 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted.
Right against excessive fines - The question as to the amount of the fines that shall be imposed is the
sound discretion of the court, if it keeps within the limit of the Statute, it cannot be held unreasonable.
Right against cruel, degrading, or inhuman punishment - This right can only be invoked after
conviction for a crime.

SECTION 20: No person shall be imprisoned for debt or non-payment of a poll tax.
Debt - any liability to pay money arising out of a contract, express or implied. Refers to Civil or
contractual debt or one not arising from a criminal offense.
Estafa - is a criminal offense where you a person can be imprisoned for refusal or avoidance of
payment of debt
Poll Tax - tax of a fixed amount imposed on individuals rescinding within a specified territory,
whether citizens or not.

SECTION 21: No person shall be twice put in jeopardy of punishment for the same offense.
Right against Double Jeopardy - When a person is charged with an offense, and the case is
terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical
offense.
Classes of Double Jeopardy
1. For the same offense - the protection is against double jeopardy for the same offense and not the
same act, provided that he is charged with a different offense.
2. For the same act - double jeopardy of punishment for the same act.

SECTION 22: No ex post facto law or bill of attainder shall be enacted.

Ex post Facto Law - An ex post facto law is one which operating retrospectively:
1. Makes an act done before the passage of a law;
2. Aggravates crimes or makes it greater than when it was committed;
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COLLEGE OF ARTS AND SCIENCES

3. Changes the punishment and inflicts a greater punishment than what the law annexed to the crime,
when committed; or
4. Alters the legal rules of evidence, and receives less testimony from what the law required at the
time of the commission of the offense, in order to convict the offender.
Characteristic of Ex post facto Law
• They relate to penal and criminal matters only
• Retroactive in their operation
• They deprive the person accused of crime of some protection or defense previously available
to their advantage.
Bill of Attainder - legislative act which inflicts punishment without a judicial trial, if the punishment
is less that death, the act is called bill of pains and penalties.

ACTIVTY: (Essay)
 Select Five (5) sections out of the 28 Sections of Article III - Bill of Rights.

 Next, determine if this provision is still significant/ useful today or do you think that
is needs to be revised or removed? Why?

 Provide concrete examples based on current events to support your answer/s.