LESSON MANUSCRIPT

THE PHILIPPINE CONSTITUTION

The Article III – Bill of Rights of the Philippine Constitution is composed of: the due
process of law, equal protection of the law, search and seizure and the rights of the accused.

Due Process of Law

It is responsiveness to the supremacy of reason, obedience to the dictates of justice. A
more flexible definition is that given by Justice Frankfurter of the U. S. Supreme court, who
regarded it as nothing more and nothing less than “embodiment of the sporting idea of fair
play”.

Origin of Due Process

The origin of due process is traceable to the Magna Carta issued by King John of
England in 1215 that forever committed the English monarch to the solemn vow that “no man
shall be taken or imprisoned or disseized or outlawed, or in any manner destroyed; nor shall we
go upon him, nor send upon him, but by lawful judgment of his peers or by the law of the land.
In 1935, the more popular equivalent of the phrase “law of land” was used for the first time.

Judicial Due Process

The following are requirements of procedural due process in judicial proceedings:

1. There must be and impartial court or tribunal clothed with judicial power to hear and
determine the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant and over the
property which is the subject matter of the proceeding;
3. The defendant must be given an opportunity to be heard;

Administrative Due Process

In administrative proceedings, the requisites of procedural due process are the
following:

1. The right to a hearing, which includes the right to present one’s case and submit
evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence must be substantial;
5. The decision must be rendered on the evidence presented at the hearing or at least
contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his own independent
consideration of the law and facts of the controversy and not simply accept the views of
a subordinate in arriving at a decision; and
7. The board or body should, in all controversial questions, render its decision in such a
manner that the parties to the proceeding can know the various issues involved, and the
reason for the decision rendered.

Equal Protection of Law

It requires that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed. It is also required that the law be enforced and
applied equally.

Persons Protected
This pertains to the equal protection clause which is available to all persons, natural as
well as judicial. Artificial persons, however, are entitled to the protection only in so far as their
property concerned.

Classification of Persons Protected

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 Classification has been defined as the grouping of persons or things similar to each
other in certain particulars and different from all others in the same particulars.

For example, all minors which are similar to each other in that they are all below 18
years of age, and it is this particular that they differ from adults.

Requirements:
For the classification of persons to be reasonable being protected by law, it must
conform to the following requirements:
1. It must be based upon substantial distinctions.
2. It must be germane to the purposes of the law,
3. It must not be limited to Existing conditions only.
4. It must apply equally to all members of the class.

Search and Seizure

Search is an examination of an individual’s person, house or effects, or other buildings
and premises to discover contraband or some evidence of guilt to be used in the prosecution of
a criminal action.

Search Warrant is an order in writing issued in the name of the People of the Philippines,
signed by the judge and directed to a peace officer, commanding him to search for any
property described therein and bring it before the court. (Section 1, Rule 126 of Rules of Court)

Seizure is the confiscation of personal property by virtue of a search warrant for the purpose.

Scope of Protection
The rights against unreasonable searches and seizures; and to the privacy of
communication and correspondence are available to all persons, including aliens, whether
accused of crime or not. Artificial persons, like corporations, are also entitled to the guaranty,
although they may be required to open their books of accounts for examination by the State in
the exercise of the police power or the power of taxation. As a rule, however, their premises
may not be searched nor may their papers and effects seized except by virtue of a valid
warrant.

The right against unreasonable searches and seizures is personal and may be invoked
only by the person entitled to it. Therefore, one who is not the owner of less of the premises
searched, or who is not an officer of a corporation whose papers are seized except by virtue of
a valid warrant.

Requisites of Valid Warrant

The constitutional requirements of a valid search warrant of arrest are the following:

1. It must be based upon probable cause;

2. The probable cause must be determined personally by the judge;
3. The determination must be made after examination under oath or affirmation of the
complaint and the witnesses he may produce;
4. It must be particularly describe the place to be searched and the persons of things to be
seized.

How to serve a search warrant? A search warrant must be serve within ten(10) days from
its date(thereafter, it shall be void) Section 10, Rule 126, Rules of Court) in the following
manner:

 The police officer concerned must go to the place indicated in the search warrant and
take the things described therein, in the presence of at least one competent witness
who is a resident of the neighborhood. If he refused admittance to the place of search
after giving notice of his purpose and authority, he may break open any outer or inner
door or window of a house or any part of the house or anything therein to execute the

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 warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.
 The search must be made at daytime, unless otherwise stated.
 No search of a house, room, or any other premises shall be made except in the
presence of the lawful occupant thereof of any member of his family or in the absence
of the latter, two (2) witnesses of sufficient age and discretion residing in the same
locality.
 The officer seizing the property must issue a detailed receipt for the same to the lawful
occupant of the premises in whose presence the search and seizure were made, or in
the absence of such occupant, must in the presence of at least two(2) witnesses of
sufficient age and discretion residing in the same place, leave a receipt in the place in
which he found the seized property.
 As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the
lifting of articles should be done by the owner of the house or his authorized
representative, or by immediate members of his family, to preclude any suspicion of
theft or planting of evidence.
 Thereafter, the officer must immediately deliver the things or property seized to the
judge who issued the warrant, together with an inventory duly verified under oath.
 Things or personal properties not specifically indicated or particularly described in the
search warrant shall not be taken.

Properties Subject to Seizure

Under Rule 126, Section 2 of the rules of court, the following are;
1. Subject of the offense;
2. Properties stolen or embezzled and other proceeds or fruits of the offense;
3. Property used or intended to be used as the means of committing an offense.

Disposition of Money and other Valuable Property

 Money should be counted and the serial numbers of the bills noted;
 Valuables should be sealed in property envelope in the presence of the owner;
 Property envelope should show a complete inventory of contents;
 Owner should initial the outside of the envelope showing approval of its contents;
 Raiding officers should sign their names on the outer part of the envelope and;
 A receipt should be given to the suspect. However, this is qualified by the decision of
the Supreme Court declaring as inadmissible in evidence the Receipt for Property Seized,
signed by the accused, in cases where mere possession of the items seized is
punishable.

Warrantless Searches and Seizure

There are instances when a search or seizure may be valid. A police officer or a private
person may, without a warrant, can arrest a person when:

1. such person has in fact a just committed, is actually committing, or is attempting to

commit an offense in his presence.
2. an offense has in fact been committed and he has personal knowledge of facts
indicating that the person to be arrested has committed it;
3. 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.

Rights of the Accused

The person suspected or accused of a crime is entitled to the specific safeguards
embodied in Section 12, 13, 14, 17, 19 and 21 of Article III against his arbitrary prosecution or
punishment. Some of these are reiterations of old rules but there are a number of significant
new provisions that have definitely improved the present Bill of Rights and made it a better
guardian of the liberty of the individual whose innocence is being questioned.

Self-Incrimination

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

The right against self-incrimination has its roots in the common law and is based on
humanitarian and practical considerations. (humanitarian because it is intended to prevent the
State, with all its coercive powers, from extracting from the suspect testimony that may convict
him and practical because a person subjected to such compulsion is likely to perjure himself for
his own protection.

Custodial Investigation
Any questioning initiated by law enforcement officer after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. Custodial
investigation shall include the practice of issuing an invitation to a person who is investigating.

Section 12. (1) Any person under investigation for the commission of the 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, thereat, 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

thereof 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 and rehabilitation of victims of torture or similar practices
and their families.

Bail
Is the security given for the release of a person in custody of the law, furnished or a
bondsman, conditioned upon his appearance before any court as may be required.

Section 13. – All persons, except those charged with offences 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.

Presumption of Innocence
Section 14. (a) In all criminal prosecution, the accused shall be presumed innocent until
proven guilty.

Accusation is not synonymous with guilt. In this jurisdiction, the accused is presumed innocent
until the contrary is proved. It is the responsibility of prosecution to establish the defendant’s
guilt beyond reasonable doubt.

The Right to be Heard

The right to be heard by himself and counsel is still a firm specifically in Section 14. (2);
presumably to give emphasis where added emphasis is due; such a right is indispensable and in
criminal prosecution where the stakes are the liberty or even the life of the accused, who must
for this reason be given a chance to defend himself.

The Trial
The original constitution required the trial of the accused to be only public and speedy.
The new bill of rights provides that it also be impartial as an added guaranty due process of
law.

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 It has been previously remarked that this requirement will call for not less than “the cold
neutrality of an impartial judge, to insure that justice is done to the defendant”. Publicity of trial
is necessary to prevent abuses that may be committed by the court to the prejudice of the
defendant. The people have a right to attend the proceedings not only because of their interest
therein but also so they can see whether or not the constitutional safeguards for the benefits of
the accused are being observed.

The Right to Confrontation

…. To meet the witnesses face to face ….
Intends to secure the accuse in the right to be tried, so far as facts provable by
witnesses are concerned, by only such witnesses as meet him face to face at the trial, who give
their testimony in his presence, and give to the accused upon deposition or ex parte affidavits,
and particularly to preserve the right of the accused to test the recollection of the witness in the
exercise of the right of cross-examination.

It may be added that normally there is less propensity to lie on the part of a witness
when actually confronted by the accused that when the testimony is given behind his back.
Furthermore, the presence of the witness at the trial will enable the court to observe his
demeanor and gauge the credibility of his testimony.

Compulsory Process
…. and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.

The accused is entitled under the constitution to the issuance of subpoena and
subpoena ducestecum for the purpose of compelling the attendance of witnesses and the
production of evidence that he may need for his defense. Failure to obey the process is
punishable as contempt of court; if necessary, the witness may even be arrested so he can give
the needed evidence.

Prohibited Punishment
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 thereafter provides for it. Any death penalty already
disposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological or degrading punishment for

the same offense. If an act is punished by laws and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

“res judicata in prison grey” – the right against double jeopardy prohibits the prosecution again
of any person for crime of which he has previously acquitted or convicted. The object is to set
the effects of the first, the prosecution forever at rest, assuring the accused that he shall not
thereafter be subjected to the dangers and anxiety of a second charge against him for the
same offense.

EXCERPT FROM THE 1987 CONSTITUTION

OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE III

BILL OF RIGHTS

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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(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.

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.

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

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.

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.

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.

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 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.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

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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.

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

EXCERPT FROM THE 1987 CONSTITUTION

OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XIII

SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

LABOR

Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and  promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

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The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farm workers who are landless, to own directly or collectively the lands
they till or, in the case of other farm workers, to receive a just share of the fruits thereof. To
this end, the State shall encourage and undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits as the Congress may prescribe, taking
into account ecological, developmental, or equity considerations, and subject to the payment of
just compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well
as cooperatives, and other independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other
support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous communities to
their ancestral lands.

The State may resettle landless farmers and farm workers in its own agricultural estates which
shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing resources, both inland
and offshore. It shall provide support to such fishermen through appropriate technology and
research, adequate financial, production, and marketing assistance, and other services. The
State shall also protect, develop, and conserve such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen against foreign intrusion. Fish workers shall
receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with
the private sector, a continuing program of urban land reform and housing which will make
available at affordable cost, decent housing and basic services to under-privileged and homeless
citizens in urban centers and resettlement areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such program the State shall respect
the rights of small property owners.

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Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished,
except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation

with them and the communities where they are to be relocated.

HEALTH

Section 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the under-
privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free
medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system
and undertake appropriate health, manpower development, and research, responsive to the
country's health needs and problems.

Section 13. The State shall establish a special agency for disabled person for their rehabilitation,
self-development, and self-reliance, and their integration into the mainstream of society.

WOMEN

Section 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of
the nation.

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

Section 15. The State shall respect the role of independent people's organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective
interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms.

HUMAN RIGHTS

Section 17. (1) There is hereby created an independent office called the Commission on Human
Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.

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(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and
legal aid services to the under-privileged whose human rights have been violated or need
protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect
for the primacy of human rights;

(6) Recommend to Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on
human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

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