PRELIMINARIES

Government Power vs. Individual Freedom

1. Among the changes brought about by the Period of Enlightenment was the shift of power from the crown to the
individual. The long reign of monarchs came to an end, and the rule of the people became the standard. The
government, while still the repository of power, was limited to its role as the protector of the people and the guardian
of rights. Liberalism, which took its cue from individualism, advocated the principle of egalitarianism, in which men,
regardless of their status in life, are regarded as equals in terms of rights before the law. Modern democracies are
founded on these liberal ideals, in that the heart of democratic objectives is the protection of human dignity and
respect for human rights.

2. Nonetheless, the government remains to be a powerful institution, capable of summoning the military, evoking its
past image as the uncontestable holder of sovereignty. In fact, republicanism essentially requires delegation of powers
to the government; that although the people remain to be the sovereign, actual exercise of it is given to the government.
Protection and service of the people is the primal duty of the government, but be that as it may, the government is still
the single biggest institution that exercises sovereign powers.

3. More so, it possesses the “inherent powers” which the Constitution itself does not confer. Every government for it
to exist exercises “police power,” “power of eminent domain,” and “power of taxation.” A constitution does not grant
such powers to the government; a constitution can only define and delimit them and allocate their exercise among
various government agencies.[1] These are awesome powers, which, if left uncheck, may seriously restrict and
jeopardize the freedom of individuals. Thus, it is inbuilt in every democratic constitution to meticulously include
provisions guaranteeing the rights of the individuals and those restricting the powers of the government. This is to
prevent the tragedy that the government created by the people will in turn be the instrument to enslave and abuse
them.

4. The Bill of Rights (Article III) is an indispensable part of the Constitution. In fact, it is one of the most important
parts of the fundamental law since it aims at balancing the power of the government and the various freedoms of the
individual. As will be seen below, the Bill of Rights provide for two things: first, restrictions directed against the state,
and, second, explicit identification and limitation of rights of the individuals. On the one hand, the government
exercises its tremendous powers, but its powers are limited by the Constitution. On the other hand, the individuals
are guaranteed of their rights, but subject also to limitations in recognition of the powers of the government. What
balances the two (power and freedom) are the limitations provided by the Constitution, which limitations are by nature
compromises or solutions to situations resulting from the overlapping or conflict of the two realms. For example, while
the government has the inherent authority to take and convert a property for public use, and the people on the other
have the right to hold their private property, the Constitution, contemplating a case of overlap or conflict between the
two, compromises both by prescribing that the government gives just compensation to the private owner who in turn
must surrender his property.

Meaning of the Bill of Rights

1. From the foregoing, it is not difficult to understand that the Bill of Rights refers to the declaration and enumeration of
the fundamental civil and political rights of a person with the primary purpose of safeguarding the person from violations by the
government, as well as by individuals and group of individuals. It includes the protection of the following rights:
(a) Civil rights or those rights belonging to individuals by virtue of their citizenship, such as freedom to contract, right
to property, and marriage among others;
(b) Political rights which are rights pertaining to the citizenship of the individual vis-à-vis the administration of the
government, such as right of suffrage right to hold office, and right to petition for redress of wrong;
(c) Socio-economic rights or those which ensure the well-being and economic security of an individual; and
(d) Rights of the accused which refer to protections given to the person of an accused in any criminal case.

2. It must be noted that the restriction provided in the Bill of Rights is directed against the government, so that it does
not govern private relations. As far as the Constitution is concerned, Article III can be invoked only against the
government. Nonetheless, with the inclusion of almost all the constitutional rights in Article 32 of the Civil Code, the
same may now be invoked in civil cases involving relations between private persons. Thus, the definition above
indicates that the bill of rights is a safeguard not just against the abuses of the government but also of individuals or
group of individuals.

RIGHT TO DUE PROCESS AND EQUAL PROTECTION

Life, Liberty, and Property
1. Constitutional Provision. Section 1, Article III of the Constitution states “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.” The provision
speaks of “due process” and “equal protection.”
2. Scope of Protection. The protection covers all persons, whether citizens or aliens, natural or juridical.
3. Meaning of Life, Liberty, and Property. Due process and equal protection cover the right to life, liberty, and property. It
is important therefore to know the meaning of the three.
(a) Life. When the constitution speaks of right to life, it refers not just to physical safety but also to the importance of
quality of life. Thus, right to life means right to be alive, right to one’s limbs against physical harm, and, equally
important, right to a good quality of life.[2] Life means something more than mere animal existence.[3]
(b) Liberty. It includes “negative” and “positive” freedom. Negative freedom means freedom from, or absence of,
physical constraints, while positive freedom means freedom to exercise one’s faculties. Right to liberty therefore
includes the two aspects of freedom and it cannot be dwarfed into mere freedom from physical restraint or servitude,
but is deemed to embrace the right of man to enjoy his God-given faculties in all lawful ways, to live and work where
he will, to earn his livelihood by any lawful calling, to pursue any vocation, and enter into contracts.[4]
(c) Property. It refers either to the thing itself or right over the thing. As a thing, property is anything capable of
appropriation, and it could be personal or real. As a right, it refers to right to own, use, possess, alienate, or destroy
the thing. The constitution uses property in the sense of right, and as such it includes, among others, right to work,
one’s employment, profession, trade, and other vested rights. It is important to note however that privileges like
licenses are not protected property; but they may evolve in a protected right if much is invested in them as means of
livelihood. Public office is not also a property; but to the extent that security of tenure cannot be compromised without
due process, it is in a limited sense analogous to property.[5]
5. These rights are intimately connected. For example, if one’s property right over employment is taken away, the same
will adversely affect one’s right to life since quality of living is jeopardized. Consequently, in the absence of property
and a good quality of life, the ability to do what one wants is impeded.
6. Hierarchy of Rights. While the rights are intimately related, they have a hierarchy. As to their order of importance,
right to life comes first, followed by right to liberty, and then right of property.
Due Process
1. Meaning. Due process of law is a constitutional guarantee against hasty and unsupported deprivation of some
person’s life, liberty, or property by the government. While is it true that the state can deprive its citizens of their life,
liberty, or property, it must do so in observance of due process of law. This right is “the embodiment of the supporting
idea of fair play”[6] and its essence is that it is “a law which hears before it condemns, which proceeds upon inquiry
and renders judgment only after trial.”[7]
2. When Invoked. The right is invoked when the act of the government is arbitrary, oppressive, whimsical, or
unreasonable. It is particularly directed against the acts of executive and legislative department.
3. Two Aspects of Due Process. Due process of law has two aspects: procedural and substantive. Basically, the procedural
aspect involves the method or manner by which the law is enforced, while the substantive aspect involves the law itself
which must be fair, reasonable, and just.
4. Procedural due process requires, essentially, the opportunity to be heard in which every citizen is given the chance to
defend himself or explain his side through the protection of general rules of procedure. It contemplates notice and
opportunity to be heard before judgment is rendered.
In judicial proceedings, the requirements of procedural due process are:[8]

(a) An impartial or objective court or tribunal with jurisdiction over the subject matter;

(b) Court with jurisdiction over the person of the defendant or the property which is the subject of the proceeding;

(c) Defendant given the opportunity to be heard (requirement on notice and hearing); and
(d) Judgment rendered after lawful hearing.

Since some cases are decided by administrative bodies, the Court also provides requirements of procedural due
process in administrative proceedings. These requirements, also known as “seven cardinal primary rights,” are:[9]

(a) The right to a hearing, where a party may present evidence in support of his case;

(b) The tribunal must consider the evidence presented;

(c) The decision of the tribunal must be supported by evidence;

(d) The evidence must be substantial. Substantial evidence is such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion;

(e) The evidence must have been presented at the hearing, or at least contained in the record and known to the parties
affected;

(f) The tribunal or body or any of its judges must rely on its own independent consideration of evidence, and not rely
on the recommendation of a subordinate; and

(g) The decision must state the facts and the law in such a way that the parties are apprised of the issues involved and
the reasons for the decision.

5. Notice and Opportunity to be Heard. What matters in procedural due process are notice and an opportunity to be heard.
(a) Notice. This is an essential element of procedural due process, most especially in judicial proceedings, because
without notice the court will not acquire jurisdiction and its judgment will not bind the defendant. The purpose of the
notice is to inform the defendant of the nature and character of the case filed against him, and more importantly, to
give him a fair opportunity to prepare his defense. Nevertheless, the notice is useless without the opportunity to be
heard.
(b) Opportunity to be Heard. It must be emphasized that what is required is not “actual” hearing but a real “opportunity”
to be heard.[10] If, for instance, a person fails to actually appear in a hearing even though he was given the chance to
do so, a decision rendered by the court is not in violation of due process. Moreover, strict observance of the rule is not
necessary, especially in administrative cases. In fact, in administrative proceedings, notice and hearing may be
dispensed with for public need or for practical reasons. It is also sufficient that subsequent hearing is held if the same
was not previously satisfied.
6. Substantive due process requires that the law itself is valid, fair, reasonable, and just. For the law to be fair and
reasonable it must have a valid objective which is pursued in a lawful manner. The objective of the government is valid
when it pertains to the interest of the general public, as distinguished from those of a particular class. The manner of
pursuing the objective is lawful if the means employed are reasonably necessary and not unduly oppressive.
7. Under the doctrine of void for vagueness, a statute or law that is vague is void because it violates the rights to due
process. A statute is vague when it lacks comprehensible standards which men of ordinary intelligence must
necessarily know as to its common meaning but differ as to its application. Such kind of statute is opposed to the
Constitution because it fails to accord persons proper understanding or fair notice, and because the government is
given unbridled freedom to carry out its provision. For this doctrine to be operative, however, the statute must be
utterly vague. Thus, if a law, for example, could be interpreted and applied in various ways, it is void because of
vagueness. Corollary to this is the doctrine of overbreadth which states that a statute that is “overly broad” is void. This
is because it prevents a person from exercising his constitutional rights, as it fails to give an adequate warning or
boundary between what is constitutionally permissive and not. If a law, for instance, prohibits a bystander from doing
any “annoying act” to passersby, the law is void because “annoying act” could mean anything to a passerby and as
such, overly broad.

Equal Protection
1. Meaning. The guarantee of equal protection means that “no person or class of persons shall be deprived of the same
protection of the laws which is enjoyed by other persons or other classes in the same place and in like
circumstances.”[11] It means that “all persons or things similarly situated should be treated alike, both as to rights
conferred and responsibilities imposed.” The guarantee does not provide absolute equality of rights or indiscriminate
operation on persons. Persons or things that are differently situated may thus be treated differently. Equality only
applies among equals. What is prohibited by the guarantee is the discriminatory legislation which treats differently or
favors others when both are similarly situated.
2. Purpose. The purpose of the guarantee is to prohibit hostile discrimination or undue favor to anyone, or giving
special privilege when it is not reasonable or justified.
3. Reasonable Classification. Well established is the rule that reasonable classification does not violate the guarantee,
provided that the classification has the following requisites:[12]

(a) It must be based upon substantial distinctions;

(b) It must be germane to the purpose of the law;

(c) It must not be limited to existing conditions only; and

(d) It must apply equally to all members of the class.

4. Example. In one case,[13] Section 66 of the Omnibus Election Code was challenged for being unconstitutional, as it
is violative of the equal protection clause. The provision distinguishes between an elective official and an appointive
official in the filing of their certificate of candidacy. While elective officials are not deemed resigned upon the filing
their certificates, appointive officials are. The Supreme Court held that the law is constitutional and not violative of
equal protection since the classification is valid. The Court argues that elective office is different from appointive office,
in that the mandate of the former is from the people, while that of the latter is from the appointing authority. The term
of the elective officials are likewise longer than that of the appointive officials. Thus, the classification is adjudged
reasonable and valid.
5. Discrimination against Aliens. Although the protection extends to both citizens and aliens, discrimination against
aliens may be held valid under certain circumstances. For example, citizens by virtue of their membership to the
political community possess complete civil and political rights, while aliens do not have complete political rights. The
former can vote during elections, run for public office, own real property, while aliens cannot.
6. Review of Laws. If the laws are scrutinized by the court, it said to be subject to “judicial review.” There are three
standards followed by the court in judicial review, these are:
(a) Deferential review in which laws are upheld to be valid or consistent to the guarantee of equal protection when they
are rational and the classifications therein bear a relation to a legitimate governmental interests or purpose. In here
the courts do not seriously inquire into the substantiality of the interest and possibility of alternative means to achieve
the objectives;
(b) Intermediate review in which the substantiality of the governmental interest is closely scrutinized as well as the
availability of less restrictive means or alternatives. This standard is used if the classification involves important but
not fundamental interests; and
(c) Strict scrutiny in which the government is required to show the presence of a compelling government interest, rather
than a mere substantial interest, and the absence of a less restrictive means for achieving the interest. Upon showing
of these requirements, the limitation of a fundamental constitutional right is justified. This standard is used if the law
classifies persons and limits others of their exercise of fundamental rights.

ARRESTS, SEARCHES AND SEIZURES

Right against Unreasonable Searches and Seizures
1. Constitutional Provision. Section 2, Article III states that people have the inviolable right to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose, and a
search warrant or warrant of arrest can only be issued upon showing of a probable cause 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.
2. Scope. The protection extends to all persons, aliens or citizens, natural or juridical. It is a personal right which may
be invoked or waived by the person directly affected[14] against unreasonable arrests or searches by the government
and its agencies. It cannot, however, be invoked against private individuals.
Warrant of Arrest and Search Warrant

1. Generally, the right against unreasonable searches and seizures requires that before a person is arrested or a
personal property seized, it must be supported by a valid warrant of arrest or a search warrant. The exceptions are in
cases of valid warrantless arrests and searches.

2. A warrant of arrest is a written order of the court, issued in the name of the Philippines, authorizing a peace officer
to arrest a person, and put him under the custody of the court.
3. A search warrant is a written order of the court, authorizing or directing a peace officer to search a specific location,
house, or other premises for a personal property allegedly used in a crime or may be utilized as a tool to prove a crime.

Requisites of a Valid Warrant

1. Since as a general rule, an arrest or search is reasonable when it is covered by a valid warrant, it is thus important
to know the requisites a valid warrant. The Court enumerates the requisites as follows:
(a) It must be based upon a probable cause. Probable cause refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in
connect with the offense are in the place sought to be searched;
(b) The probable cause must be determined personally by the judge. That the judge “personally” determines the probable
cause means that “he personally evaluates the report and the supporting documents submitted by the public
prosecutor regarding the existence of the probable cause,” or, if the same is insufficient, “require additional evidence
to aid him in arriving at a conclusion as to the existence of probable cause.”[15] Thus, personal determination does
not mean that he must personally examine the complainant and his witnesses.[16] He may rely on reports and
evidence submitted to him, on the basis of which he determines the existence of probable cause and orders the issuance
of warrant. What is prohibited is to rely solely on the recommendation of the prosecutors without doing any
determination on his own;

(c) The determination must be made after examination under oath or affirmation of the complainant and the witness
he may produce; and

(d) It must particularly describe the place to be searched and the persons or things to be seized. The property subject
to search includes those used in the commission of the offense, stolen or embezzled and other proceeds or fruits of the
offense, or used or intended to be used in the commission of the offense.

2. General warrants are those that do not particularly describe the place to be searched or the persons or things to be
seized. They are unconstitutional because the sanctity of the domicile and privacy of communication and
correspondence of individuals are placed at the mercy, caprice, and passion of peace officers.[17]
Warrantless Arrest
1. When Warrantless Arrest Valid. Arrest without warrant is strictly construed as an exception to the general rule
requiring warrant. Under the Rules of Court,[18] a peace officer or a private person may arrest a person even without
a warrant under the following instances:
(a) In flagrante delicto arrest. When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) Hot pursuit. 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; and
(c) Arrest of escaped prisoners. When the person to be arrested is a prisoner who has escaped from a penal establishment
of 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.
2. Citizen Arrest. It must be noted that a lawful warrantless arrest may be performed not just by a peace officer but also
by a civilian. This is permitted under the rules under limited circumstances, and it is called citizen arrest.
3. In the case of flagrante delicto arrest, an offense is committed “in the presence” of the arresting officer or civilian. For
example, if a person pushes illegal drugs in the presence of a police officer, the latter can arrest the pusher even without
a warrant of arrest because an offense is actually being committed in his presence. The same principle underlies the
“buy-bust” or “entrapment” operations conducted by police officers in catching law offenders. In one case,[19] the
Court held that rebellion is a continuing offense, and so the rebel may be arrested anytime even without a warrant
because he is deemed to commit the offense in the presence of the arresting officer or person.
4. Illegal Detention is the offense committed by the arresting officer or civilian if the warrantless arrest is performed
outside the above rules.
Warrantless Searches

A search is valid even without a warrant, under the following instances:

(a) Search as an incident to a lawful arrest. When a valid arrest precedes the search or contemporaneous with it, and the
search is limited to the immediate vicinity of the place of arrest, for purposes of securing dangerous objects and effects
of the crime;
(b) Consented search. When the right has been voluntarily waived by person who has a right, aware of such right, and
has an actual intention to relinquish such right;
(c) Plainview search. When prohibited articles are within the sight of an officer who has the right to be in a position to
that view;
(d) Visual search at checkpoints. When the search at stationary checkpoints is pre-announced, and limited to a visual
search only;
(e) Terry search. When a police officer, in interest of effective crime prevention, performs a “stop-and-frisk” or patting
of outer clothing for dangerous weapons, after observing a suspicious conduct on the part of a citizen;
(f) Search of moving vehicles, vessels, and aircrafts for violation of laws;
(g) Inspection of buildings and other premises for the enforcement of fire, sanitary, and building regulations; and
(h) Search in airports and other populous places.
Administrative Searches and Arrests
1. In cases of deportation, where the State expels an undesirable alien from its territory, court intervention and
proceedings are not required. Nonetheless, the alien’s constitutional rights are still preserved because they are given
fair trial and administrative due process.
2. Important to note is that no probable cause is required in deportation proceedings.[20] It is the Commissioner of
Immigration or any officer designated by him, not the judge, who issues the administrative warrant, after
determination by the Board of Commissioners of the existence of a ground for deportation.
RIGHT TO PRIVACY
Provisions and Laws on Right to Privacy
1. Constitutional Provisions. The right to privacy is scattered throughout the Bill of Rights.[21] The right against
unreasonable searches and seizures, in Section 2, is an expression of this right, inasmuch as it is based on the sacred
right to be secure in the privacy of one’s person, house, paper, and effects. Due process of law, in Section 1, also
provides the same privacy security by protecting an individual’s life, liberty, and property against undue interference
by the government. Section 6 speaks of the right to establish and change one’s home which likewise deals with the
privacy and comfort of one’s home. The right to form unions or associations under Section 8, and the right against
self-incrimination under Section 17 are also privacy rights which need protection against undue intrusion by the
government.

2. Nonetheless, the word “privacy” is expressly provided in Section 3(1), Article III, which states that “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.” Privacy of communication and correspondence is also an expression
of the right to privacy.

3. Statutory Reinforcements. To reinforce these constitutional provisions, the Congress has passed laws that recognize
and protect the zones of privacy of an individual. These laws include: (a) The Civil Code of the Philippines; (b) The
Revised Penal Code; (c) Anti-Wire Tapping Act; (d) The Secrecy of Bank Deposits; and (e) Intellectual Property Code.
Privacy of Communication and Correspondence
1. Subject of the Right. Invasion of communication and correspondence is one kind of search.[22] However the subject
of search is not a tangible object but an intangible one, such as telephone calls, text messages, letters, and the like.
These forms of communication and correspondence may be intruded into by means of wiretapping or other means of
electronic eavesdropping. What the constitution prohibits is government intrusion, by means of wiretapping or
electronic eavesdropping, into the privacy of communication without a lawful court order or when public safety and
order does not demand.
2. Rule. As a rule, the government cannot intrude into the privacy of communication and correspondence. The
exceptions are: (a) when the court allows the intrusion, and (b) when public safety and order so demands.
Anti-Wire Tapping Act

1. R.A. 4200 or the Anti-Wire Tapping Act, as a reinforcement of privacy of communication, is a law which prohibits
a person not authorized by all the parties to any private communication, to wire tap or use any devise to secretly
overhear, intercept, record, or communicate the content of the said communication to any person.

2. Wire tapping or the use of record may be permitted in civil or criminal proceedings involving specified offenses
principally affecting national security, and only with previous authorization by the court which must comply with the
requirements of a warrant. The authority is effective only for sixty days.

Writ of Habeas Data

The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty, or security is violated
or threatened to be violated by an unlawful act or omission of a public official or employee, or of a private individual
or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home,
and correspondence of the aggrieved party.

Exclusionary Rule
1. The exclusionary rule states that any evidence unlawfully obtained is inadmissible as evidence before the courts. This
is based on Section 3(2), Article III which provides that any evidence obtained in violation of right to privacy of
communication or right to due process of law shall be inadmissible for any purpose in any proceeding. The same rule
is applied to any evidence taken in violate of R.A. 4200.
2. The rule is also called Fruit of the Poisonous Tree Doctrine. The name of the doctrine metaphorically describes what
happens to an “evidence” (fruit) taken through “unlawful means” (poisonous tree). The evidence-fruit is discarded
because it may infect or destroy the integrity of the case and forfeit the purpose of the law.

3. For example, if police officers search a house without a search warrant and the same does not fall under any of the
instances of a valid warrantless search, the evidence obtained even if material in the case cannot be admitted in court.
Or if police officers wiretap a conversation without court authorization, the recorded conversation shall be excluded
as an evidence in court. Thus, the evidences are said to be fruits of a poisonous tree.

FREEDOM OF EXPRESSION
Meaning and Scope
1. Constitutional Provision. Section 4, Article III provides that “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.” The right underscores tolerance to different views and thoughts.
2. Aspects of the Right. Freedom of expression has four aspects, to wit: (a) freedom of speech; (b) freedom of expression;
(c) freedom of the press; and (d) freedom of assembly. Nonetheless, the scope of the protection extends to right to
form associations or societies not contrary to law, right to access to information on matters of public concern, and
freedom of religion. These are all crucial to the advancement of beliefs and ideas and the establishment of an
“uninhibited, robust and wide-open debate in the free market of ideas.”[23]
3. Importance of the Right. Freedom of expression is accorded the highest protection in the Bill of Rights since it is
indispensable to the preservation of liberty and democracy. Thus, religious, political, academic, artistic, and
commercial speeches are protected by the constitutional guarantee.
4. Limitation. The right is not absolute. It must be exercised within the bounds of law, morals, public policy and public
order, and with due regard for others’ rights. Thus, obscene, libelous, and slanderous speeches are not protected by
the guarantee. So are seditious and fighting words that advocate imminent lawless conduct.
Freedom from Prior Restraint and Subsequent Punishment

1. Freedom of speech and of the press has two aspects: (a) freedom from prior restraint, and (b) freedom from
subsequent punishment.
2. On the one hand, freedom from prior restraint means freedom from censorship or governmental screening of what is
politically, morally, socially, and artistically correct. In here, persons and the media are freed from total suppression
or restriction by the government of what could be disseminated, and prevents the government from being a subjective
arbiter of what is acceptable and not. Although the system of prior restraint is presumed unconstitutional, it is allowed
under the following instances:[24]

(a) Undue utterances in time of war;

(b) Actual obstruction or unauthorized dissemination of military information;

(c) Obscene publication; and

(d) Inciting to rebellion.

3. On the other hand, freedom from subsequent punishment refers to the assurance that citizens can speak and air out
their opinions without fear of vengeance by the government. Subsequent chastisement has the effect of unduly
curtailing expression, and thus freedom therefrom is essential to the freedom of speech and the press. The State,
however, can validly impose subsequent punishment under the following instances:
(a) Libel which is the most common form of subsequent punishment, refers to a public and malicious imputation of a
crime, vice or defect, real or imaginary or any act or omission, status tending to cause dishonor, discredit or contempt
of a natural or juridical person, or blacken the memory of one who is dead;[25]
(b) Obscenity which includes works (taken as a whole) appealing to prurient interest or depicting sexual conduct as
defined by law or lacking of serious literary, artistic, political or scientific value;[26]
(c) Criticism of official conduct made with actual malice;[27] and
(d) School articles which materially disrupt class work or involves substantial disorder or invasion of rights of
others.[28]
Tests to Determine When Right Maybe Suppressed

There are six tests or rules to determine when the freedom may be suppressed. These are:

(1) Dangerous Tendency Test which provides that if a speech is capable of producing a substantive evil which the State
is mandated to suppress or prevent, even if it did not materialize, the State is justified of restricting the right. This rule
has already been abandoned;
(2) Clear and Present Danger Test which is a more libertarian rule, provides that the finding out of substantive evil is
not enough to suppress the right. Rather the substantive evil must have clear and present danger type depending on
the specific circumstances of the case. This rule is consistent with the principle of “maximum tolerance” and is often
applied by the Court in freedom of expression cases;
(c) Balancing of Interest Test which provides that when there is conflict between a regulation and freedom of speech, the
court has the duty to determine which of the two demands greater protection;
(d) Grave-but-Improbable Danger Test which was meant to supplant the clear and present danger test, determines
whether the gravity of the evil, less its improbability to happen, can justify the suppression of the right in order to
avoid the danger;[29]
(e) O’Brien Test which provides that when “speech” and “non-speech” elements are combined in the same course of
conduct, a sufficiently important government interest that warrants the regulation of the “non-speech” element can
also justify incidental limitations on the speech element; and
(f) Direct Incitement Test which determines what words are uttered and the likely result of the utterance, that is, whether
or not they will directly incite or produce imminent lawless action.
Restrictions on Freedom of Speech
1. Two Kinds of Restrictions. The State may impose two kinds of restrictions on speech under a system of prior
restraint: content-based restriction and content-neutral restriction. The restriction is content-based when restriction is
directed to the speech itself, while the restriction is content-neutral when it is directed, not to the speech itself, but to
the incidents (such as time, place, or manner) of the speech. An example of a content-based restriction is when the
government prohibits speeches against the President, in which case the restriction is on the speech itself. An example
of a content-neutral restriction is when the government regulates the manner of posting campaign advertisements, in
which case the restriction is on the manner the right is made.
2. Appropriate Tests for Each Restriction. If the governmental restriction is content-based, the applicable rule or test is
the clear and present danger test. This is to give the government a heavy burden to show justification for the imposition
of such prior restraint which bears a heavy presumption of unconstitutionality. If the restriction is content-neutral,
the applicable rule is only an intermediate approach, inasmuch as the restraint is only regulatory and does not attack
the speech directly.
3. Example. In one case, the court held that the act of granting a permit to rally under the condition that it will be held
elsewhere is a content-based restriction and not content-neutral because it is directed to the exercise of the speech
right itself and not merely to the manner. As such, the applicable test is the clear and present danger test.[30]
Regulations on Mass Media
Mass media may be broadcast media (e.g. television and radio) or print media (e.g. newspaper). The two have a
substantial difference in that broadcast media has a uniquely pervasive presence in the lives of Filipinos. Thus,
freedom of television and radio broadcasting is somewhat lesser than the freedom accorded to the print
media;[31] greater regulation is imposed over broadcast media because of its greater tendency to invade the privacy
of everyone than print media.
Doctrine of Fair Comment
1. Meaning. Under the doctrine of fair comment, a discreditable imputation directed against a public person in his
public capacity, does not necessarily make one liable. Although generally every discreditable imputation publicly made
is deemed false and malicious because every man is presumed innocent until proven guilty, nevertheless, if the
imputation directed against a person in his public is based on “established facts,” even if the inferred opinion is wrong,
the comments as justified. As long as the opinion might reasonably inferred from the facts, it is not actionable. In
order to that such discreditable imputation to a public official may be actionable, it must either be a “false allegation”
or a “baseless comment.”[32]
2. Example. If a case of theft was filed against a barangay official, and someone commented that he maliciously stole
things from the local residents, the doctrine of fair comment is applicable, inasmuch as the opinion was based on such
fact. In here, the comment is justified.
Commercial Speech
1. Meaning. Commercial speech is one that proposes a commercial transaction done in behalf of a company or
individual for purposes of profit. It is a protected speech for as long as it is not false or misleading and does not propose
an illegal transaction.[33]
2. But if the government has a substantial interest to protect, even a truthful and lawful commercial speech may be
regulated.[34]

3. Private speech is accorded more freedom and protection than commercial speech.

Freedom of Assembly
1. Meaning. Freedom of assembly refers to the right to hold a rally to voice out grievances against the government.
2. Freedom not Subject to Prior Restraint. As a rule, freedom of assembly is not subject to prior restraint or prior issuance
of permit by government authorities. Nevertheless, it must be exercised in such a way that will not to prejudice public
welfare. Freedom of assembly is reinforced by Batas Pambansa Blg. 880, otherwise known as the Public Assembly
Acts of 1985, which basically provides the requirements and procedure for holding rallies. It also implements the
observance of “maximum tolerance” towards participants of rallies consistent with the clear and present danger test.
3. Permit Requirement. Under the said law, permit is required to hold a rally. It must be emphasized, however, that the
permit is not a requirement for the validity of the assembly or rally, because the right is not subject to prior restraint.
Rather, the permit is a requirement for the use of the public place.
4. When Permit not Required. Permit is not required if the rally is held in a private place, in a campus of a state college
or university, or in a freedom park, in which case only coordination with the police is required. If the application for
permit is not acted upon by the mayor within two working days, then the same is deemed granted.

5. Political rally during election is regulated by the Omnibus Election Code, not by BP 880.

Right to Form Associations

1. Constitutional Provision. Section 8, Article III provides that “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.”
2. Who may Exercise the Right. The right of association may be exercised by the employed or the unemployed and by
those employed in the government or in the private sector. It likewise embraces the right to form unions both in the
government and private sector. The right of civil servants to unionize is expressly provided in Section 2(5), Article IX-
B: “The right to self-organization shall not be denied to government employees.” The right of labor in general to
unionize is likewise provided in Section 3, Article XIII: “[The State] 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.”
3. Right to Strike not Included. The right to form associations or to self-organization does not include the right to strike.
Thus, public school teachers do not enjoy the right to strike even if they are given the constitutional right of
association.[35] The terms and conditions of employment in the Government, including in any political subdivision or
instrumentality thereof and government owned and controlled corporations with original charters, are governed by
law and the employees therein shall not strike for purposes of securing changes.[36]
Right to Information
1. Constitutional Provision. Section 7, Article III provides that “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.”
2. Scope and Limitation. The right guarantees access to official records for any lawful purpose. However, access may be
denied by the government if the information sought involves: (a) National security matters, military and diplomatic
secrets; (b) Trade or industrial secrets; (c) Criminal matters; and (d) Other confidential information (such as inter-
government exchanges prior to consultation of treaties and executive agreement, and privilege speech).
FREEDOM OF RELIGION
Two Aspects of Freedom of Religion
1. Freedom of religion has two aspects: (a) the freedom to believe, and (b) the freedom to act on one’s belief. The first
aspect is in the realm of the mind, and as such it is absolute, since the State cannot control the mind of the citizen.
Thus, every person has the absolute right to believe (or not to believe) in anything whatsoever without any possible
external restriction by the government. The aspect refers to the externalization of belief as it is now brought out from
the bosom of internal belief. Since it may affect peace, morals, public policy, and order, the government may interfere
or regulate such aspect of the right.

2. The second aspect is expressed in Section 5, Article III, thus “… 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.”

Non-establishment Clause
1. Constitutional Provision. Section 5, Article III provides that “no law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof.”
2. Explanation. The non-establishment clause holds that the State cannot set up a church or pass laws aiding one
religion, all religion, or preferring one over another, or force a person to believe or disbelieve in any religion.[37] In
order words, it prohibits the State from establishing an official religion. It discourages excessive government
involvement with religion and manifest support to any one religious denomination. Manifestly, the clause is rooted in
the principle of separation of church and state.
3. Particular Prohibitions. In particular, the non-establishment clause prohibits, among others, prayers of a particular
denomination to start a class in public schools,[38] financial subsidy of a parochial school,[39] display of the ten
commandments in front of a courthouse,[40] law prohibiting the teaching of evolution,[41] mandatory reading of the
bible,[42] and using the word “God” in the pledge of allegiance.[43]
4. Exceptions to the Prohibition. The clause, however, permits the following:
(a) Tax exemption on property “actually, directly and exclusively used” for religious purposes;[44]
(b) Religious instruction in sectarian schools[45] and expansion of educational facilities in parochial schools for
secular activities;[46]
(c) Religious instruction in public schools, elementary and high school, at the option of parents or guardians expressed
in writing, within regular class hours by designated instructors, and without additional costs to the government;[47]
(d) Financial support given to priest, preacher, minister, or dignitary assigned to the armed forces, penal institution
or government orphanage or leprosarium;[48]
(e) Government sponsorship of town fiestas which traditions are used to be purely religious but have now acquired
secular character;[49] and
(f) Postage stamps depicting Philippines as the venue of a significant religious event, in that the benefit to religious
sect is incidental to the promotion of the Philippines as a tourist destination.[50]
Tests to Determine whether Governmental Act Violates Freedom of Religion
1. Different tests are used to determine if there are governmental violations of non-establishment clause and free
exercise clause. On the on hand, Lemon Test is used to determine whether an act of the government violates the non-
establishment clause. Under this test, a law or a governmental act does not violate the clause when it has a secular
purpose, does not promote or favor any set of religious beliefs, and does not get the government too entangled with
religion.[51]
2. On the other hand, Compelling State Interest Test and Clear and Present Danger Test are used to determine whether
there is violation of free-exercise clause. Compelling state interest test is used to determine if the interests of the State
are compelling enough to justify intrusion into an individual’s freedom of religion. Under this test, government
infringement is justified if the burden it creates on freedom of religion is due to a sufficiently compelling state interest
and the means used to attain its purpose is the least intrusive. Clear and present danger test is used to determine
whether the circumstance are of such nature as to create a clear and present danger that will bring about a substantive
evil which the state has the right to prevent.
3, Example. In one case,[52] the Court held that expulsion from school is unjustified if is based on the conflict between
religious beliefs and school practices (saluting the flag). The expulsion violates the right of children to education. Using
the clear and present danger test, the Court held that the danger of disloyalty which the government is trying to prevent
may be the very same thing that it advocates if expulsion is validated. Times have changed. Freedom of religion is now
recognized as a preferred right.
Religious Solicitations
Under Presidential Decree No. 1564, also known as the Solicitation Law, permit is required before solicitations for
“charitable and public welfare purposes” may be carried out. The purpose of the law is to protect the public from
fraudulent solicitations. Nonetheless, permit is no longer required if the solicitation is for “religious purposes.” Fraud
is much less in religion. If the law is extended to religion, then it becomes unconstitutional; it constitutes restriction
on freedom of religion as resources necessary for maintenance are deprived of churches.
Conscientious Objector Test
A conscientious objector is someone who sincerely claims the right to refuse to perform military service[53] and salute
a flag[54] on the grounds of freedom of thought, conscience, and/or religion. He may be granted exemption from
military service or from saluting the flag if he establishes that his objection is “sincere,” based on “religious training
and belief,” and not arbitrary.
LIBERTY OF ABODE AND RIGHT TO TRAVEL
Freedom of Movement
1. Constitutional Provision. Section 6, Article III provides that “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.”
2. Aspects of the Freedom. Freedom of movement has two aspects: (a) Freedom to choose and change one’s domicile,
and (b) Freedom to travel within and outside the country. A person’s place of abode or domicile is his permanent
residence.
Limitations

1. Freedom of movement is not an absolute right. It has limitations. Liberty of abode may be impaired or restricted
when there is a “lawful court order.”

2. The right to travel may also be restricted in interest of national security, public safety, or public health, or when a
person is on bail, or under a watch-list and hold departure order.

Right to Return to One’s Country

Although the right to return to one’s country is not among the rights expressly mentioned in the Bill of Rights, it is
nonetheless recognized and protected in the Philippines. It is a generally accepted principle of international law, and
as such it is part of the law of the land, pursuant to the doctrine of incorporation. It is different from the right to travel
and is guaranteed under the International Covenant on Civil and Political Rights.[55]
NON-IMPAIRMENT OF CONTRACTS
Contract Clause

1. Section 10, Article III provides that “no law impairing the obligation of contracts shall be passed.” This is the so-
called contract clause, which seeks to restrain substantial legislative impairment of, or intrusion into, the obligations
of contracts. What the clause guarantees is the integrity of contracts against undue interference by the government.

2. For example, if a lawyer enters into a contract with a client by which the latter will pay 5% of the value of the
monetary claim, a subsequent law which deprives the lawyer of the said value is arbitrary and unreasonable since it is
destructive of the inviolability of contracts, and therefore invalid as lacking of due process.[56]
Contracts Affected
1. Only valid contracts, either executed or executory, are covered by the guarantee.
2. The agreement of the parties, as long as it is valid, is the law between them. Their will should prevail, and this must
be respected by the legislature and not tampered with by subsequent laws. Well-established is the policy that the
subject of contractual agreements is “imbued with paramount public interest.”
Kind of Impairment Covered
1. For the clause to be operative, the impairment caused by law must be substantial. Substantial impairment happens
when the law changes the terms of a legal contract between parties, either in the time or mode of performance, or
imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from
that provided in its terms.[57] In other words, the act of impairment is anything that diminishes the value of the
contract.[58]
2. The cause of the impairment must be legislative in nature. The obligation of contract must be impaired by a statute,
ordinance, or any legislative act for it to come within the meaning of the constitutional provision.[59] An
administrative order or court decision is not included in the scope of the constitutional guarantee.
3. In one case,[60] the Court held that a Rehabilitation Plan approved by the Securities and Exchange Commission
which suspends contractual claims against an insolvent or bankrupt corporation does not violate the contract clause.
The impairment must be legislative in character. SEC’s approval of the plan is not a legislative act but an administrative
act. Thus, there is not impairment of the freedom to contract.
Limitations
1. As between freedom of contract and police power, police power prevails. Thus, laws enacted in exercise of police
power will prevail over contracts. After all, private rights and interest in contracts must yield to the common good.
Every contract affecting public welfare is presumed to include the provisions of existing laws and a reservation of
police power.
2. The supremacy of police power is felt most clearly in labor contracts and agricultural tenancy contracts. For
instance, a law (Blue Sunday Law) which provides for work or play on a Sunday is upheld as valid even if it nullifies
existing labor contracts, since it is a legitimate exercise of police power.[61] In another case, a law (R.A. No. 34)
changed the crop-sharing system between the landlord and tenants from 50-50 to 55-45 in favor of the tenants. The
Court held that the law is valid. Consistent with the policy of social justice, the law favored the tenants as well as the
general welfare of the people in exchange of contractual rights.
3. The power of taxation and power of eminent domain, inasmuch as they are also sovereign powers of the state, can validly
impair obligations of contracts.
4. Licenses are different from contracts. Licenses are franchises or privileges given by the State to qualified entities that
may be withdrawn or relinquished when national interests so require. However, like contracts, they yield to police
power.
LEGAL ASSISTANCE AND FREE ACCESS TO COURTS
1. Constitutional Provision. Section 11, Article III provides that “free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.”
2. Protection for the Poor. Free access is a right covered by the due process clause, because a person, regardless of his
status in life, must be given an opportunity to defend himself in the proper court or tribunal. Nonetheless, the right is
placed in a separate provision to emphasize the desire for constitutional protection of the poor.[62]
3. Litigation in Forma Pauperis. In consonance with this constitutional provision, the Rules of Court provide for
litigation in forma pauperis in which paupers and indigents, who have only their labor to support themselves, are given
free legal services and access to courts.
RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
Miranda Rights
1. Constitutional Provision. Section 12, Article III enumerates the rights of a person under custodial investigation for the
commission of an offense, to wit:
(a) Right to remain silent, right to have a competent and independent counsel preferably of his own choice, right to free legal
services if he cannot afford one, and the right to informed of these rights. These rights cannot be waived except in writing
and in the presence of counsel;
(b) Right against the use of torture, force, violence, threat, intimidation, or any other means which vitiate his free
will. Prohibition against secret detention places, solitary, incommunicado, or other similar forms of detention;
(c) Exclusion of any confession or admission obtained in violation of this provision or the right against self-incrimination
as evidence against him; and
(d) Sanctions against violators and compensation for rehabilitation of victims.
2. Why called Miranda Rights. The present provision is usually referred to as the “Miranda Rights” because it is an
adoption of the rights provided in the American case “Miranda v. Arizona.”[63]
Purpose of the Right
The provision emphasizes on the duty of law enforcement officers to treat properly and humanely those under investigation. It
recognizes the fact that the environment in custodial investigations is psychologically if not physically coercive in
nature,[64] so that law enforcers should be reminded of the sanctity of individual rights and the limitations on their
means of solving crimes. In fact, as far as the present provision is concerned, the “presumption of regularity” of official
acts and the behavior of police or prosecution is not observed if the person under investigation was not informed.[65]
Custodial Investigation
1. This enumeration of rights above may be invoked during custodial investigations. Custodial investigation refers to any
questioning initiated by law enforcement officers after a person has been taken into custody. The rights are available
when the person interrogated is already treaded as a particular suspect and the investigation is no longer a general
inquiry into an unsolved crime. However, during this stage, no complaint or criminal case has been filed yet. As such,
the person suspected to have committed a crime is not yet an accused, since no case was instituted against him.
2. During custodial investigations, suspects are identified by way of show-ups, mug shots, and line ups. Show-ups are
done by bringing the lone suspect face-to-face with the witness for identification. Mug shots are performed by showing
photographs to witnesses to identify the suspect. And in line ups, the witness identifies the suspect from a group of
persons.
Extrajudicial Confession
1. Meaning. Extrajudicial consfession refers to a confession or admission of guilt made outside (extra) the court
(judicial). It is a critical area of study in Constitutional Law. With respect to the present provision, it refers to a
confession given during a custodial investigation, which is not judicial in nature. Under the Miranda Rights, a person
may waive his right to remain silent and admit the charge against him because anything that he says may be used
against him. However, the waiver or confession must be valid to be admissible as evidence against him.
2. Requisites for Validity. For an extrajudicial confession to be valid and admissible as evidence in court, it must be: (a)
voluntary; (b) made in the assistance of a competent and independent counsel; (c) express; and (d) in writing.
3. Involuntary Confession. There are two kinds of involuntary confession: (a) confession through coercion;[66] and (b)
confession without being informed of the Miranda rights.[67] Both forms are invalid and cannot be admitted as
evidence against the confidant, the confession considered as a fruit of a poisonous tree. Extrajudicial confessions must
be given voluntarily. However, there is a distinction between the two. On the one hand, an extrajudicial confession
alleged to be taken through torture or coercion is presumed voluntarily given and valid since the law enforcers are
presumed to perform their duty regularly, so that the complainant-suspect should prove that there is torture to
invalidate his confession. On the other hand, a confession given without being informed of the Miranda rights is
presumed involuntarily given, so that the law enforces must prove its regularity.[68]
4. Assistance of Counsel. An extrajudicial confession made in the absence of a counsel, or even in his presence but
without adequate assistance, is also invalid and inadmissible. The rule requires that the assisting counsel must
be independent and competent. For this matter, a fiscal or a public prosecutor, who represents the interest of the State,
cannot assist the suspect or person under investigation. His interest is adverse to the latter. Thus, even if competent,
he cannot be an independent counsel for the suspect.
5. A counsel from the Public Attorney’s Office is qualified to assist a person in executing an extrajudicial confession, his
interest not adverse to the latter.
6. An extrajudicial confession to a mayor, even if uncounselled, may be admissible.[69] While a mayor has power of
supervision over the police, an admission to him, not in the capacity of a law enforcer, is deemed freely given. The
uncounselled admission to him does not violate the right to legal assistance and therefore the confession is admissible
as evidence against the confidant. In addition, extrajudicial confession to a media man who is acting as a news reporter
and not under the supervision of the police, is admissible.
7. Because of the inherent danger of using information from broadcast media, extreme caution must be taken in further
admitting similar evidence or confession. There is presumption of voluntariness in confessions which media describes
as freely given. They must be strictly scrutinized.
RIGHT TO BAIL
Meaning of Right
1. Constitutional Provision. Section 13, Article III provides that “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.”
2. Meaning of Bail. Bail refers to the security given for the temporary release of a person in custody of the law, furnished
by him or a bondsman, conditioned upon his appearance before any court as may be required. For instance, a person
arrested and detained for the offense of homicide may post a bond for his temporary release on the condition that he
will appear in the court during the trial or when the court so requires.
3. Purpose of Bail. Probational release through bail is corollary to the right to be presumed innocent and a means of
immediately obtaining liberty.[70] During the duration of release, the accused is given the chance to prepare his
defense,[71] and thus level the playing field for the parties. Worth emphasizing is the reason why those charge with
offenses punishable by reclusion perpetua and against whom evidence of guilt is strong, are not allowed to bail. Under
such circumstances, there is improbability of appearance, and bail merely becomes an instrument of evading the law.
Standards for Fixing Amount of Bail
1. The law does not prescribe for a fix amount of bail. What it requires is that the amount should be reasonable and not
excessive otherwise the right is rendered useless. Under the Rules of Court, the amount is reasonable if the judge bases
it primarily, but not exclusively, on the following guidelines:[72]

(a) Financial ability of the accused;

(b) Nature and circumstances of offense;

(c) Penalty for offense charged;

(d) Character and reputation of accused;

(e) Age and health of the accused;

(f) Weight of evidence against him;

(g) Probability of his appearance at trial;

(h) Forfeiture of other bonds by him;

(i) The fact that he is a fugitive from justice when arrested; and

(j) Pendency of other cases where he is also under bail.

When Right May be Invoked

1. General Rule. The right to bail may be invoked from the moment of detention or arrest. Even if no formal charges
have been filed yet, for as long as there is already an arrest, the right may already be availed of.
2. Bail as a Matter of Right. Bail may be invoked as a matter of right if the charge is not punishable by reclusion
perpetua and there is no final judgment of conviction yet. Technically, the instances when bail is a matter of right are:
(a) Before or after conviction by the MTC; and (b) Before conviction of the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment.
3. Bail as a Matter of Discretion. Bail may be invoked as a matter of discretion on the part of the court in the following
instances:
(a) After conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment;

(b) Pending appeal subject to the consent of the bondsman; and

(c) After conviction, pending appeal when the court imposed a penalty of imprisonment for more than six years but
not more than twenty years, and it is not shown that the accused repeated a crime, an escapee, committed an offense
while under the custody of the probational release, or had the tendency of flight or to commit another offense.

3. Right not Suspended. The present constitutional provision clearly provides that the right to bail is not suspended
when the President suspends the privilege of the writ of habeas corpus. While bail and habeas corpus are remedies
intended for the immediate release of a detainee, there are fundamental differences between them so that the
suspension of one does not mean the suspension of the other. Firstly, in bail, there is an implicit recognition of the
validity of detention or arrest, while in habeas corpus, there is an assumption that the detention or arrest is illegal.
And secondly, the prayer in bail is for the temporary release of the detainee, whereas in habeas corpus, the prayer is
for permanent release.

When the privilege of habeas corpus is suspended, the remedy of immediate release cannot be availed of (although
filing is still allowed). Under the current rules, if the detainee files a bail for his temporary release, then it moots the
purpose of habeas corpus, because it destroys the assumption of illegality of the arrest or detention.

4. The law still allows those who jumped bail to exercise the right before conviction for as long as bail is still a matter
of right. What the court must do in such cases is to increase the amount of bail.
5. Bail is now available in extradition[73] cases, consistent with the developments in international law which now treats
an individual as a subject or party.[74]
When Right May not be Invoked
1. It could be inferred from the present provision that the right to bail may not be invoked if the offense for which the
person is detained is punishable by reclusion perpetua and the evidence of guilt is strong.
2. Important also to note is that the military may not invoke the right to bail.[75] Among other reasons, allowing
military members to bail would pose a great danger to national security. They are allowed to use firearms and they are
paid using government money. Their sheer number and unique structure, as well as the military mentality that they
carry, may very well result to the overthrow of the government if continuous allowance of the right to bail is given
them most especially when there are coup attempts. Allowing them to bail could mean resumption of widespread
commission of heinous activities.
Mandatory Hearing
When the offense charged is punishable by reclusion perpetua, before rendering a judgment, due process demands that
the court must conduct a mandatory hearing to determine if evidence of guilt is strong. This is one of the instances
when bail is a matter of discretion. But if the prosecutor simply manifested that he leaves it to the sound discretion of
the judge to grant bail and the judge grants the same without hearing, then the judge commits an error because he
cannot repose solely on the prosecutor his decision. Even if there is no objection, there must be a hearing.[76]

RIGHTS OF THE ACCUSED

Criminal Cases
1. Section 14, Article III deals with the rights of the accused. It contemplates a scenario where a case has already been
filed against a person, in contrast to custodial investigations where a case may not have been filed yet. The case filed
is a criminal case, in which the parties are the “People of the Philippines” and the “accused.” The People of the
Philippines is the complainant, while the accused is the person formally charged of a crime or offense punishable by
law.

2. A case is said to be criminal when it involves the prosecution of a crime by the State and the imposition of liability
on erring individuals. It highlights the relation of the individual and the state, with the state having the right to inflict
punishment to an offender once his guilt is proven beyond reasonable doubt.
3. The real offended party or victim in a criminal case is the State or the People of the Philippines, and not the private
complainant. This is because what has generally been violated is the law of the Philippines which provides protection
to the people and guarantees peace and order in the land. Violation of the law poses danger not just to a private person,
but to the people as a whole, and is a threat to the sovereignty of the State.

4. The accused, who is the person charged in a criminal case, is pitted against the State. With all its machineries,
manpower, and almost unlimited sources of money, the State is placed in an advantaged position. To level therefore
the playing field, the Constitution provides for numerous rights of the accused and of persons under investigation.
Justice demands that they should be given a fighting chance against the most power institution, which is the State.

Criminal Due Process

1. Constitutional Provision. Section 14(1), Article III provides that “no person shall be held to answer for a criminal
offense without due process of law.”
2. The provision refers to due process in criminal cases. As to its procedural aspect, criminal due process requires that:
(a) The accused is brought into a court of competent jurisdiction; (b) He is notified of the case; (c) He is given the
opportunity to be heard; and (d) There is a valid judgment deliberated and rendered by the court.[77] As to its
substantive aspect, the criminal cases must be based on a penal law.
3. The right to appeal is not a constitutional right. It is a statutory right granted by the legislature. But when it is expressly
granted by law, then it comes within the scope of due process.
4. Criminal due process requires impartiality or objectivity on the part of the court. Although a separate right to
impartial trial is granted in Section 14, paragraph 2 of the Bill of Rights, it refers only to the right of the accused during
trial. Impartiality in criminal due process (Section 14, paragraph 1) is broader since it extends to preliminary
investigations conducted before the filing criminal cases in court. One of the instances wherein impartiality is
compromised is the so-called trial by publicity. When preliminary investigations are held for purposes of determining
whether an information or a case should be filed against the respondent, the investigating prosecutor should not be
swayed by the circumstances of pervasive and prejudicial publicity. It was held that prejudicial publicity may be
invoked as denial of due process if it prevents the “observance of those decencies” or requirements of procedural due
process.[78]
5. A military court has its own unique set of procedures consistent with the nature and purpose of the military. Because of
its distinct features, a military court cannot try and exercise jurisdiction, even during martial law, over civilians for
offenses allegedly committed by them as long as civilian courts are still open and functioning.[79] Due process
therefore demands that civilians can only be tried for an offense in civilian courts and not in military courts, unless no
civilian court is available.
Rights of the Accused during Trial
1. Constitutional Provision. Section 14(2), Article III enumerates rights of the accused in all criminal prosecutions, to wit:

(a) Right to be presumed innocent until the contrary is proved;

(b) Right to be heard by himself and counsel;

(c) Right to be informed of the nature and cause of the accusation against him;

(d) Right to have a speedy, impartial, and public trial;

(e) Right to meet the witnesses face to face; and

(f) Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.

2. Criminal Prosecution. These are rights of the accused “in criminal prosecutions.” Under the Rules, criminal
proceedings start from arraignment up to the rendition of final judgment by the court. Arraignment refers to that stage
of the criminal proceeding when the information is read to the accused to which he pleads guilty or not guilty. The
proceeding continues until a final judgment is entered by the court. The judgment is final when there is nothing for
the court to do but to execute it. Thus, during this duration the accused can invoke the said rights under the proper
circumstances.
Right to be Presumed Innocent
1. Meaning. The right refers to the constitutional guarantee that the accused should be treated as if innocent until he is
proven guilty beyond reasonable doubt.
2. Presumption of Innocence and Criminal Due Process. Basically, the rights in Section 14(2) are elaborations of criminal
due process. The right to presumption of innocence, for instance, is based on the fundamental procedural rule that
the court must hear first before it condemns. If what the court presumes is the guilt of the accused, then procedural
due process is violated. In fact, the accused is already in a disadvantaged position since he is pitted against the State.
Presumption of guilt renders the rights of the accused nugatory. To protect therefore individual rights, in particular
one’s liberty, it should be the State that proves the guilt of accused, and not that the accused proves his innocence. It
is the prosecution (State) who has the burden of overcoming the presumption of innocence. It should rely on its own
merits and not on the weakness of the defense.
2. When Presumption is Overcome. The presumption of innocence is overcome by proof beyond reasonable doubt. Under
the rules of evidence, proof beyond reasonable doubt is the highest quantum of evidence. Such proof requires that the
court is morally certain that the accused is guilty of the crime, so that if there is reasonable doubt that lurks in the
mind of the judge, the accused must be acquitted. When the defense creates reasonable doubt, the presumption of
innocence remains. It must be noted that the certainty required by law is not absolute certainty but moral certainty as
to every proposition of proof requisite to constitute the offense.[80]
3. Why Right is Granted. The philosophy behind the very high quantum of evidence to establish the guilt of the accused
is expressed by the court as follows: “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.”[81]
4. Presumption of Guilt. The law and rules, however, allow that presumption of innocence may be overcome by another
presumption through prima facie evidence. Prima facie evidence means an evidence deemed sufficient unless
contradicted. The is based on logic and human experience. When the prosecution, for instance, establishes that the
stolen object is in the possession of the accused, it creates a prima facie evidence that the accused committed the crime
of theft. The presumption of innocence is overturned, and the evidence creates a prima facie proof of the guilt of the
accused. This does not, however, mean that the presumption of innocence is finally overcome. The burden of proof
simply shifts from the prosecution to the defense (side of the accused) who will in turn present contradictory evidence
to overcome the prima facie proof.
Right to be Heard by Himself and Counsel
1. Right to be Heard. The right to be heard is the heart of criminal due process. Basically, it refers to all the mechanisms
afforded to the accused during the criminal proceedings. It is a safeguard against prejudicial and partial judgments by
the courts, as well as a guarantee that the accused be given an opportunity to participate during trial in defense of
himself.
2. Related Rights. Participation of the accused in the right to be heard includes three specific rights: (a) the right to
present evidence and to be present at the trial; (b) the right to be assisted by counsel; and (c) the right to compulsory
process to compel the attendance of witnesses in his behalf.[82]
3. Ratio of Right to Counsel. The right of the accused to counsel is based on the reason that only a lawyer has a substantial
knowledge of the rules of evidence, and a non-lawyer, in spite of his education in life, may not be aware of the
intricacies of law and procedure. Depriving a person of such right constitutes violation of due process.
4. Related Right. Included in the right to counsel is the duty of the court to inform the accused of his right to counsel before
arraignment and to give a counsel in case the accused cannot afford the services of one. The counsel representing the accused
must be independent and competent. A counsel who has a divided interest between the prosecution (State) and the
defense (accused) is disqualified on the ground of lack of independence and conflict of interest.
Right to be Informed of Nature and Cause of Accusation
1. Right to be informed is again an essential aspect of procedural due process. The constitutional mandate is complied
with by the arraignment of the accused in which he is informed by the court of the offense charged to which the accused
either pleads guilty of not guilty.
2. Well-settled is the rule that the allegations in the complaint and not the title of the case that determines the nature of
the offense.
Right to Speedy, Impartial and Public Trial
1. Right to speedy trial is based on the maxim that “justice delayed is justice denied.” Unreasonable delays may
result to a prolonged suffering of an innocent accused or an evasion of justice by a truly guilty person. It offends not
just the accused but also the State, inasmuch as what is at stake is the speedy, inexpensive, and orderly administration
of justice. Undue postponements not only depletes the funds of the defense but also of prosecution. Thus, if the
prosecution unreasonably delays the criminal proceedings because of too many postponements and unjustifiable
absences, the accused may be acquitted on the ground of violation of right to speedy trial. This does not, however,
mean that the court cannot grant reasonable postponements. What is prohibited is oppressive and vexatious
postponements.
2. Right to impartial trial primarily requires that the judge who sits in the case must be objective and renders a decision
based on the cold neutrality of the evidence presented. For instance, a judge who is hostile to the accused based on his
comments and utterances, or who is substantially swayed by the prejudicial publicity of the case, is a partial judge and
must be inhibited from the case.
3. Right to public trial demands that the proceedings be conducted in such a way that the public may know what
transpires during the trial. It is not necessary that the entire public can witness the proceedings; it is enough that the
relatives and friends of the interested parties are accommodated in the trial venue. In fact, the court is allowed under
the rules to order the public to leave the premises of the court room in interest of morality and order.
Right to Meet the Witnesses Face-to-Face
The right to confrontation enables the accused to test the credibility of the witnesses. The right is reinforced under the
rules of criminal procedure by the so-called cross-examination. Cross-examination is conducted after the presentation
and direct examination of witnesses by the opposing side. Both parties are allowed to test the veracity of the
testimonies presented by the other.
Right to Compulsory Process
1. Reason for the Right. The form of criminal proceeding is adversarial because two opposing parties battle out against
each other and only one of them could emerge as victor. It is often the case that the party with the weightier evidence
wins. In criminal proceedings, the accused needs only to create reasonable doubt on the mind of the court to be
acquitted. Nevertheless, evidence is difficult to find because of people’s anxiety in testifying in court as well as their
dislike for burdensome court processes. In recognition therefore of this fact, the law and the rules give the accused the
right to avail of compulsory means for attendance of witnesses and production of needed document or things.
2. Kinds of Compulsory Processes. When the person sought to testify is uncooperative or just afraid of court-related
actions, the remedy of subpoena ad testificandum may be availed to compel the person to testify. When relevant
documents are needed but the holder thereof refuses to produce them, the remedy of subpoena duces tecum may be
availed of to compel the production of the same.[83] These remedies are also available to the prosecution.
Right to be Present
1. Meaning and Purpose of the Right. As a rule, the accused has the right to be present at all stages of trial, from
arraignment to rendition of judgment, in order that he may be informed of what transpires in every stage of the
proceedings, to guard himself from technical blunders, and ultimately, to fully defend himself from the accusation
against him. Thus, it is again an incident of criminal due process.
2. Waiver of Right. Right to be present, inasmuch as it is a right, may be waived by the accused. For as long as it does
not prejudice others, rights may be waived by its possessor. An example of a valid waiver of the right to be present is
the so-called trial in absentia. Even in the absence of the accused, trial may still proceed (trial in absentia) if after his
arraignment and notification of the date of the hearing, he still unjustifiably failed to appear. The effect of the waiver
is that the accused will no longer have the right to present evidence and confront the witnesses.
3. When Right not Waivable. It must be noted that the presence of the accused becomes a duty, and therefore not
waivable, in the following: (a) During arraignment and plea;[84] (b) When he is to be identified;[85] (c) During the
promulgation of judgment, except when it is for a light offense.[86] In all these instances, the accused must appear
because his non-appearance may either prejudice his rights or that of the State.

PRIVILEGE OF THE WRIT OF HABEAS CORPUS

1. Constitutional Provision. Section 15, Article III states that “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.” This is a reiteration of Section
18, Article VII. What is constitutionally guaranteed is the right of a person detained by another to test or challenge,
through habeas corpus, the validity of his detention when the authority of the detaining person or agency is at issue.
2. The writ of habeas corpus is a written order issued by the court directed to a person detaining another commanding
him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and
detention, to do, to submit to, and to receive whatever court or judge awarding the writ shall consider in his behalf.
When a person is illegally confined or detained, or when his liberty is illegally restrained, he has the constitutional
right to file a petition of habeas corpus. Should the court find out that the person is illegally confined or detained, he
shall be immediately released from detention.
3. When Privilege Suspended. The privilege of habeas corpus is suspended in cases of rebellion or invasion. This is in
order to meet the exigencies in such cases.
4. Writ of Amparo. Aside from the writ of habeas corpus, the writ of amparo is another available remedy to any person
whose right to life, liberty, and security has been violated or threatened to be violated by an unlawful act or omission
of a public official or employee, or of a private individual or entity. This remedy is especially available in cases of
enforced disappearances and extrajudicial killings.

RIGHT TO SPEEDY DISPOSITION OF CASES

Section 16, Article III states that “all persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.” Unlike the right to speedy trial which applies only in criminal
proceedings, the right to speedy disposition of cases may be invoked in all cases, whether judicial, quasi-judicial, or
administrative. Thus, right to speedy disposition of cases is broader than right to speedy trial.

RIGHT AGAINST SELF-INCRIMINATION

Meaning of Right against Self-Incrimination

Section 17, Article III provides that “no person shall be compelled to be a witness against himself.” This constitutional
guarantee is better known as right against self-incrimination. The right allows a person not to answer an incriminating
question. An incriminating question is one that if answered renders a person liable for an offense. However, it is only
when the incriminating question is put to a witness stand that the right may be invoked.

When Right Available

1. The right is available in all government proceedings, whether criminal or civil, and whether judicial or quasi-judicial or
administrative. It is even available in legislative investigations and impeachment proceedings. In addition, the right
may be invoked by all persons subject to judicial examination and legislative investigation. Thus it may be invoked not
just by the accused in criminal cases, but also defendants in civil cases, and witnesses in all kinds of proceedings.
2. The right, nonetheless, is not self-executing. It is not automatically operational once an incriminating question is
asked. It must be properly invoked by objecting to an incriminating question. For example, when a witness is subjected
to direct examination by the opposing party, and the opposing counsel asked “was there an instance that you cheated
on your wife?,” the right may be invoked by a timely objection to the incriminating question. If no objection is raised,
then the answer may be used as evidence against the witness for the proper criminal charge.
3. Although all persons subject to judicial, quasi-judicial, administrative, and legislative investigations can invoke the
right under proper circumstances, special utilization of the right is given to the accused. A witness can invoke the right
only when the question tends to be self-incriminating, but an accused can invoke the same in two ways. First is by
refusing to testify altogether during trial. And the second is, when he chooses to testify, by refusing to answer questions
that tend to incriminate him for another offense.
4. In criminal proceedings what is prohibited is physical or moral compulsion to extort communication from the accused.
Subjecting the body of the accused when material to solve the case is allowed and not violative of the right. In one case,
the Court held that writing is not a pure mechanical act but requires the use of the intellect. Thus, an accused cannot
be compelled to write or sign and use the same as evidence against him.
5. State witnesses cannot avail of the right because the very purpose of their being state witnesses is to give them immunity
or protection to testify. Their testimonies are so crucial to the resolution of a criminal case so that in attainment thereof
immunity is given to them by the State. This means that they will no longer be prosecuted for the crime for which they
are testifying. Since they have to unravel everything, even their guilt, in exchange of immunity, the right against self-
incrimination could no longer be invoked.
Basis of the Right

1. The philosophy behind the constitutional guarantee is similar to the other rights of the accused. From the very start,
the accused is already in an adverse position pitted against the entire machinery of the State. If evidence will still be
taken from the lips of the accused, it would even tilt the scales heavily in favor of the State.

2. The right is founded on public policy and humanity.[87] Public policy demands that a person be spared from
answering incriminating questions because requiring him would likely lead to the crime of perjury, which is basically
lying to the court after having promised to tell the truth and nothing but the whole truth. Humanity prevents extorting
confession by duress.

RIGHT AGAINST INVOLUNTARY SERVITUDE

1. Constitutional Provision. Section 18, Article III provides that no person should be detained solely by reason of his
political beliefs and aspirations, nor should involuntary servitude in any form exist, except as a punishment for a
crime. The first part of the provision deals with the right not to be detained by reason solely of political beliefs and
aspirations. This is essentially embodied in the freedom of expression but with emphasis on the prohibition against
incarceration of “political prisoners.” The second part deals with the right against involuntary servitude. Involuntary
servitude refers to the compulsory service of another or simply modern day slavery. The right is based on the
egalitarian principle of democracy which prescribes equality of everyone in law, and on humanity which prevents
degradation of human dignity through enforced labor.
2. Slavery is an ancient practice of treating man as a commodity under the complete power of the master. This has
never been practiced in the Philippines, but has its remnants in modern forms of enforced labor and peonage. Enforced
labor happens when a person is unlawfully compelled to work against his will; it is involuntary and to a certain extent
resembles slavery. When a person, because of poverty or lack of money, works for another in payment of his debt, the
same is prohibited by the present guarantee even if the service is rendered voluntarily. This voluntary service in
payment of debt is called peonage. While it appears voluntary, peonage is prohibited because the person is forced to
work by the circumstances of his indebtedness, although not by his creditor.
2. Exceptions. Involuntary servitude may be allowed under the following instances: (a) as punishment for crime; (b) in
the case of personal, military or civil service in defense of the State; and (c) in compliance to a return to work order
issued by the Department of Labor and Employment.

RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS

Meaning of Excessive Fine and Cruelty
1. Constitutional Provision. Section 19(1), Article III states that “excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted…”
2. A fine is excessive when it is unreasonable and beyond the limits prescribed by law. The amount of the fine is said to
be unreasonable if the court does not take into consideration certain standards, such as the nature of the offense, and
the circumstances of the person punished by fine. The imposed fine may never go beyond the statutory prescription,
otherwise it is unlawfully excessive.
3. A punishment is cruel when it is shocking to the conscience of mankind and it involves prolonged suffering and agony
to the person punished. For a penalty to violate the constitutional guarantee, it must be so flagrant and oppressive so
as to be degrading to human dignity, and it must be unreasonably disproportionate to the nature of the offense as to
shock the senses of the community.[88] The mere severity of a penalty does not make the punishment cruel or
inhumane, for as long as it is within the limits provided by law. As one maxim states, “even if the law is harsh, it is still
the law (dura lex sed lex).” A penalty that is germane to purpose of the penal law is not cruel and inhumane.
4. Lastly, a penalty must be acceptable to the contemporary society. Ancient forms of punishment, such as pillory,
disembowelment, and crucifixion, which are already considered barbarous practices, are cruel and inhumane. If a
person, for instance, is paraded around town naked with a tag on his neck saying “I am a thief; do not imitate me,” the
form of punishment is cruel and inhuman; it is barbarous and so ancient that it is no longer acceptable to the present-
day society.
Death Penalty
1. Constitutional Provision. Section 19(2) also states that “… 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.” The present provision abolishes death penalty, although with a
reservation that the Congress can subsequently pass a law imposing it for compelling reasons involving heinous
crimes.
2. Death Penalty not Cruel. The constitutional provision on death penalty or capital punishment does not explicitly
mention that it is cruel and inhumane. In fact, the Constitution allows the Congress to impose death penalty for the
right reasons. It could even be argued that extinguishment of human life is not cruel and inhumane for the following
reasons:
(a) It is proportionate to the nature of the offense. Death penalty may only be imposed by Congress in the commission of
heinous crimes and for compelling reasons. Heinous crimes are crimes which are so flagrant and evil so as to be
shocking to the conscience of civilized persons, such as genocide, rape with homicide, murder, rebellion, and treason,
especially when committed against the innocent and helpless. With compelling reasons, Congress may impose death
penalty since it is proportionate to the atrocities committed;
(b) This form of penalty still has currency in the contemporary time. Death by lethal injection is prevalently practiced by
many countries for the punishment of heinous offenses; and
(c) Death by lethal injection is not cruel and inhumane because it does not prolong suffering or inflict excruciating agony
to the person punished. In truth, it only induces the person to sleep through a lethal substance injected in the
bloodstream which thereafter painlessly put the person to death.
Proper Treatment of Persons Legally Detained or Imprisoned
1. Constitutional Provision. Section 19(2), Article III provides that “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.”
2. Purpose of the Right. This constitutional guarantee recognizes the inalienability of human dignity. Even when a
person is imprisoned or detained, and even if he commits heinous crimes, he is still a person entitled to proper
treatment and protection. Paraphrasing it, the Constitution provides that even if a person is imprisoned or detained,
he must be protected against physical, psychological, or degrading punishment, and is entitled to the use of standard
or adequate penal facilities under humane conditions.

RIGHT AGAINST IMPRISONMENT FOR DEBT

1. Constitutional Provision. Section 20, Article III provides that “no person shall be imprisoned for debt or non-payment
of a poll tax.”
2. A debt, as covered by the constitutional guarantee, refers to a contractual obligation by a debtor to pay money to the
creditor. If by reason of poverty or lack of money a person cannot pay his debt, he cannot be imprisoned by reason
thereof. The creditor only has himself to blame if he voluntarily agreed to lend money to someone who apparently
cannot pay or whom he thought could pay but did not. Nevertheless, although the debtor cannot be imprisoned, his
property may be taken or attached by the court, and then sold at public auction in payment of his debt to the creditor.
3. Estafa is not covered by this constitutional guarantee. What is punished in estafa is not the non-payment of debt but
the deceit accompanying the act of non-payment.
4. Non-payment of poll tax cannot be a cause of imprisonment. A poll tax is a tax of a fixed amount imposed on individuals
residing within a specified territory, whether citizens or not, without regard to their property or the occupation in
which they may be engaged.[89] Community tax or residence tax is an example of poll tax. As far as poll tax is
concerned, non-payment is not punished by the government in consideration of the plight of the poor who cannot
even afford to pay it. Poverty could never be a reason for a person’s imprisonment. It must be emphasized, however,
that as regards other forms of taxes, non-payment may be a cause of imprisonment. Failure to pay income taxes is
considered a crime (tax evasion), and punishable under the law by imprisonment.

RIGHT AGAINST DOUBLE JEOPARDY

Meaning of Double Jeopardy
1. Constitutional Provision. Section 21, Article III states that “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.” This is more famously known as the right against double jeopardy.
2. Double jeopardy means that a person is twice put at the risk of conviction for the same act or offense. The right
against double jeopardy therefore means that a person can only be indicted or charge once by a competent court for
an offense. When a person, for instance, has been charged of homicide and the court acquitted him of the case, he can
no longer be prosecuted for the same offense or act. He can now invoke his right against double jeopardy.
3. There are two types of double jeopardy. The first happens when a person is put twice in jeopardy of punishment for
the same offense, and the second happens when an act is punishable by a law and an ordinance at the same time, in
which case the conviction or acquittal in either one of them constitute as bar to another prosecution for the same act.
3. The requisites of double jeopardy are:[90]

(a) A valid complaint or information;

(b) Filed before a competent court;

(c) To which the defendant has pleaded; and

(d) The defendant was previously acquitted or convicted or the case dismissed or otherwise terminated without his
express consent.

When Double Jeopardy Could Be Claimed

1. Before double jeopardy could be claimed, there must be a first jeopardy. The first jeopardy attaches only: (a) upon
good indictment; (b) before a competent court; (c) after arraignment; (d) when a valid plea has been entered; and (e)
the case was dismissed or otherwise terminated without the consent of the accused. A case is said to be terminated
without the consent of the accused when there is acquittal or a final decision convicting him.

2. To substantiate therefore the claim for double jeopardy, the following must be proven:

(a) A first jeopardy must have attached prior to the first jeopardy;

(b) The first jeopardy must have been validly terminated; and

(c) The second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the
offense charged in the first information, or is an attempt to commit the same or is a frustration thereof.

RIGHT AGAINST EX POST FACTO LAW AND BILL OF ATTAINDER

Meaning of Ex Post Facto Law
1. Constitutional Provision. Section 22, Article III provides that “no ex post facto law or bill of attainder shall be enacted.”
2. An ex post facto law is one which:

(a) Makes criminal an act done before the passage of the law which was innocent when done, and punishes such an
act;

(b) Aggravates a crime, or makes it greater than it was, when committed;

(c) Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;

(d) Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required
at the time of the commission of the offense;

(e) Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for
something which when done was lawful; and

(f) Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the
protection of a former conviction or acquittal, or a proclamation of amnesty.[91]
3. Applicable only in Criminal Cases. The constitutional prohibition applies only in criminal cases.[92] One of the
characteristics of criminal law is prospectivity in which only crimes committed after the enactment of a penal are
punishable. It cannot retroact and punish acts which were not yet criminalized before its passage. The basic rule is
that before an act may be considered an offense or crime, it must first be defined as a crime and a penalty must be
imposed for it under a law passed by the legislative body. An act therefore is not a crime if there is no law punishing it. In
the same vein, a person does not commit a crime, no matter how apparently illegal it is, if there is no law defining and
punishing it. It is for this reason that an ex post facto law is not allowed because it criminalizes what was not yet a
crime during its commission.
Meaning of Bill of Attainder
1. Definition. A bill of attainder is “a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial determination of guilt.”[93]
2. Two Kinds of Bill of Attainder: (a) the bill of attainder proper which involves the legislative imposition of death penalty,
and (b) bill of pains and penalties which involves imposition of a lesser penalty.
3. Reason for Prohibition. The prohibition against bill of attainder is an implementation of the principle of separation of
powers. The legislature cannot bypass the judiciary by enacting a law that punishes an act without need of judicial
proceedings. The legislative department should be confined to its law-making function; it cannot encroach the
authority of the courts by prescribing a law that directly adjudges guilt without judicial determination.
4. Example. In one case, the Court held that the Anti-Subversion Law (R.A. 1700) is not a bill of attainder.[94] The law
declared the Communist Party of the Philippines (CPP) a clear and present danger to Philippine security, and thus
prohibited membership in such organization. It is not a bill of attainder because it does not define a crime, but only
lays a basis for the legislative determination that membership in CPP and any other organization having the same
purposes is a crime. It does not automatically secure judgment by mere membership. In operation, the law does not
render unnecessary judicial proceedings. The guilt of the individual members of subversive groups must still be
judicially established.