ARTICLE III Property
- It may refer to the thing itself or to the
BILL OF RIGHTS
All the rights that can be invoked under Article
III are not absolute
Section 1:
No person shall be deprived of life, liberty
or property without due process of law, nor
shall any person be denied the equal
protection of the laws.
Person
- It includes all persons within the
territorial jurisdiction of the Philippines,
without regard to any difference of race,
color or nationality, including aliens
- Natural persons
o Their scope of protection include
their life, liberty and property
- Artificial persons
o Their scope of protection include
only their property
Deprived
- It means to prevent or take forcibly the
right to use/enjoy something that you
are entitled to possess/enjoy
Life
- It refers to the totality of the person
- It includes physical and mental attributes
which man must live as a human being
- You cannot be punished by the removal
of your finger, arm, eyes or any other
part of your body
o These means of punishment are
acts of deprivation of life
Liberty
- It is the freedom from any personal
restraint under the exception of the law
- It does not denote freedom from
physical restraint only
- It also embraces the right of man to use
his faculties with which he has been
endowed by his Creator subject only to
the limitation that he does not violate the
law or the rights of others
right of ownership over a thing
- It is anything that can be subject to
ownership or anything that can be
subject of contract
- It includes tangible and intangible
properties, including intellectual property
Due process
- The laws to be implemented should be
valid, fair, reasonable and just
Requirements of procedural due process
- Impartial court or tribunal
o The court should have the
authority to hear and determine
the matter before it
o There are instances that a judge
inhibits in a particular case to
avoid bias
- Jurisdiction lawfully acquired
o A particular case should be filed
before the appropriate court
o If a case is filed in the wrong
court, it will be dismissed
- Opportunity to be heard given the
defendant
o It is a major element in judicial
proceedings
o The accused is given a chance to
defend himself
o The accused will not prove that
he is innocent
o The prosecution holds the burden
to prove that the accused is guilty
o After the presentation of
evidences of the prosecution, it is
the right time for the accused to
speak and defend himself
- Judgement rendered after lawful hearing
o After hearing the both parties, a
judgement will be given
*All of these elements should be complete
*Absence of one requirement means that there
is a violation in the procedural due process
Equal protection of the laws
- People and things similarly situated shall
be treated alike
- It considers substantial, not superficial
distinctions
 Section 2:
The right of the people to be secure in their
persons, houses, papers, and effects
against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue
except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the
place to be searched and the persons or
things to be seized.
Example 1:
Three policemen entered the office of Jollibee
Corporation in Makati City and seized some
documents without a search warrant. Is the act
valid or not?
- No
- Corporations, partnerships and joint
ventures are considered as artificial
persons
o They are taxpayers
o They own property
o They are creations of the law
 Their existence is based
on the law
 The law dictates their life
and liberty
General rule in arresting a person
- There should always be a warrant of
arrest to arrest a person. However, it is
not absolute
- There are instances when warrant of
arrest is not needed
o It is called warrantless arrest
Warrantless arrest is valid when
- Flagrante delicto arrest
o Citizen’s arrest
o It is valid if the person is
attempting to commit, actually
committing or has committed an
unlawful act in the presence of
the arresting citizen
o In short, it is caught in the act
- Personal knowledge
o It is valid if the arresting citizen
have a personal knowledge of
facts indicating that the person to
be arrested committed an
unlawful act
- The person to be arrested is a fugitive or
a prisoner who escaped from prison
- The person to be arrested is a known
rebel
Example 2:
Juan committed a hit and run along Teresa
Street. A few days after, an alleged eye
witness went to the police station where he
reported and positively identified Juan as the
suspect. The policemen arrested and detained
Juan. Is the act valid or not?
- No
- The arresting officers do not have
personal knowledge about the crime
- Several days already passed and it is
not included in the requirements for a
flagrante delicto arrest
Example 3:
Juan, a known leader of New People’s Army
(NPA), committed a hit and run along Teresa
Street. A few days after, an alleged eye
witness went to the police station where he
reported and positively identified Juan as the
suspect. The policemen arrested and detained
Juan. Is the act valid or not?
- Yes
- The arresting officers can arrest Juan
not because of the crime but because
he is a known rebel
- Rebellion is a continuing crime
Example 4:
Along Teresa Street, A saw B raping C. Can A
arrest B?
- Yes
- When someone is needing your help,
you do not need the presence of
arresting officers to arrest the criminal
- You can arrest the suspect immediately
Section 3:
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.
Any evidence obtained in violation of this or
the preceding section shall be inadmissible
for any purpose in any proceeding.
- This provision respects the privacy of
individuals
- Anti-Wire Tapping Law
o Republic Act No. 4200
o It was enacted in 1965
o It prohibits the use of dictaphone,
dictagraph, detectapone, walkie-
talkie and tape recorder in
recording spoken conversations
o If the recording was made without
the consent of both parties
involved, it cannot be used as
evidence against them
o Both parties should give consent
before the conduct of the
recording
- Proposed Expanded Anti-Wire Tapping
Bill
o House Bill No. 8378
o It will penalize the recordings
using any electronic, mechanical,
digital or analog phone system, or
similar devices
Section 4:
No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably
to assemble and petition the government
for redress of grievances.
- These rights are not absolute for they
are subject to the police power of the
state
Freedom of speech
- It includes the freedom to speak and to
be silent
- This right cannot be exercised
boundlessly
- It should not be done in bad faith
- Speeches inciting rebellion are not
allowed
Freedom of expression
- It includes words (verbal), writing and
arts
Freedom of the press
- This right was curtailed during the
Martial Law era
- Why there is MTRCB?
o MTRCB was created to protect
the viewers
o It classifies and regulates, not
prohibits or restricts the showing
of television shows and movies
o It determines who are going to
watch a particular television show
or movie
Freedom of assembly
Example:
The Manila City Council issued an ordinance
mandating that rallies in Mendiola should be
done in a particular hour in a particular day.
Also, the ordinance will implement the “no
permit, no rally” policy. Is the ordinance valid or
not?
- Yes
- What is involved here is the use of
public place and the general welfare of
the public is at stake
- However, if a rally will be done in a
private place, they can do it anytime
Section 5:
No law shall be made respecting an
establishment of religion or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights.
- The freedom of religion has two aspects:
o Freedom to believe
 It also includes the
freedom not to believe
o Freedom to act on such belief
 It is not absolute
 It is subject to the
regulations of the law
 If you put your religious
belief into an action that
causes harm to other
people, it is not allowed
  Example:
 There are certain
religious cults that
are practicing
human offering
 They are
committing a crime
(murder)
Section 6:
The liberty of abode and of changing the
same within the limits prescribed by law
shall not be impaired except upon lawful
order of the court. Neither shall the right to
travel be impaired except in the interest of
national security, public safety, or public
health as may be provided by law.
Example:
After receiving a report from the health officers,
President Rodrigo Duterte issued a declaration
ordering the family of Jose to be transferred to
Culion, Palawan because they have leprosy
(ketong). Is the declaration valid or not?
- Yes
- If follows due process
- It is based from the study/investigation
of the health officers
- It is a valid exercise of police power of
the state that promotes the safety of the
general public
- If the presence of few individuals will
prejudice the majority of the people
living in their place, their rights should
be sacrificed
Section 8:
The right of the people, including those
employed in the public and private sectors,
to for unions, associations, or societies for
purposes not contrary to law shall not be
abridged.
- There are two types of employees:
o Public
o Private
- Both of them have the right to form
unions, associations or societies not
contrary to law
- They differ when it comes to the
entitlement of conducting strikes
o Strikes are usually done by
employees for the increase of
their salary to address their
financial problems
Public employees
- Strikes are not allowed in the
government sector
- The workings and processes of the
government will be paralyzed
- For a particular budget to be allocated to
address the financial problems of the
employees, there should be proper
appropriation
Private employees
- Strikes are allowed in the private sector
as long as it will be done according to
the Labor Code
o There are certain requirements to
meet before conducting a strike
- They have a Business Continuity Plan
(BCP) to ensure that their workings and
processes will not be paralyzed
Section 10:
No law impairing the obligation of contracts
shall be passed.
Example:
A and B entered into a loan contract on
January 31, 2018 with an amount of 500,000
pesos with 12% interest payable for 5 years.
On January 31, 2019, Republic Act No. 6666
was enacted mandating that all loans
amounting 500,000 and above will have 14%
interest. The act will be applied retroactively. Is
it valid or not?
- No
There is impairment on the obligation of
contract when
- The original agreement of the parties
involved are changed or altered
- One of the party is prejudiced while the
law is beneficial to the other party
- There is a retroactive application of the
law enacted
Section 13:
All persons, except those charged with
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient
sureties or be released on recognizance as
may be provided by law. The right to bail
shall not be impaired even when the
privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
required.
- If you are charged with an offense
punishable by reclusion perpetua and
the evidence against you is not strong,
you are still bailable
Reclusion perpetua
- It falls under the list of penalties given
for crimes in the Revised Penal Code
- Minimum of 20 years and maximum of
40 years
- It contains accessory penalties
- Convicts become eligible for pardon
after 30 years
Life imprisonment
- It falls under the list of penalties given
for crimes in Special Penal Laws
- Indefinite duration
- It contains no accessory penalties
- No details for pardon are specified
Section 15:
The privilege of the writ of habeas corpus
shall not be suspended except in cases of
invasion or rebellion when the public safety
requires it.
- It suspends the privilege, not the writ of
habeas corpus
Grounds for suspension
- Invasion
- Rebellion
- When the public safety requires it
Petition for writ of habeas corpus
- The court is testing the validity of the
detention
Process
1. A person will be detained
2. His family will file a petition for writ of
habeas corpus to the court
3. The judge will act on the petition and will
issue an order
4. The respondent will give the grounds for
detention
5. The court will rule if the detention is valid
or not
6. The petition will be dismissed
*If the grounds are valid, the case will proceed
*If the grounds are invalid, the person will be
released
Section 20:
No person shall be imprisoned for debt or
non-payment of a poll tax.
- Nothing is punished under this section
- If you cannot pay, you will not be
imprisoned
- It is for reason of humanitarian purposes
- It is different with the concept of
issuance of bouncing checks
o This act is not protected under
Section 20, Article III
o You will be punished because of
fraud/deception
o Batas Pambansa Blg. 22
 It prevents the circulation
of worthless checks
Section 22:
No ex post fact law or bill of attainder shall
be enacted
Example 1:
A stabbed B on February 14, 2018. During that
time, stabbing was not considered as a criminal
offense. On February 14, 2019, Republic Act
No. 6666 was enacted declaring that the act of
stabbing will be considered as a crime. The act
will be applied retroactively. Is it valid or not?
- No
Example 2:
A stabbed B on February 14, 2018. A was
convicted of homicide with a penalty of 12
years of imprisonment. On February 14, 2019,
Republic Act No. 6666 was enacted declaring
that homicide will have a penalty of 19 years of
imprisonment. The act will be applied
retroactively. Is it valid or not?
- No
Example 3:
A stabbed B on February 14, 2018. A was
convicted of homicide with a penalty of 19
years of imprisonment. On February 14, 2019,
Republic Act No. 6666 was enacted declaring
that homicide will have a penalty of 12 years of
imprisonment. The act will be applied
retroactively. Is it valid or not?
- Yes
A law is considered as ex post facto when
- If an act committed is not a criminal
offense but upon the passage of the law,
it becomes a criminal offense
- It makes the penalty for a criminal
offense higher
- There is a retroactive application of the
law enacted
- However, it is not absolute
o It is not considered as an ex post
facto law if it benefits the accused
even it has a retroactive
application
 For example, Republic Act
No. 6666 lowers the
penalty of homicide from
19 years to 12 years of
imprisonment (Example 3)
CASES
1) Garcia v. Drilon
- The petitioner questions the
constitutionality of Republic Act No.
9262 or the Anti-Violence Against
Women and their Children Act of 2004
being violative to the equal protection of
the laws
o It criminalizes acts of violence
and their children perpetrated by
women’s intimate partners,
husband, former husband, or any
person who has or had a sexual
or dating relationship, or with
whom the woman has a common
child
o It involves protection against
physical, sexual, psychological
and economic/financial abuse
- Why is RA 9262 only intended to protect
women?
o Men and women are not similarly
situated
o Men are physically stronger than
women
o Historically, abuses were
committed by men
- Other example:
o Maternity leave
 It gives the women time to
recover after giving birth
 Republic Act No. 11210 or
the Extended Maternity
Leave Act
 105 days of paid leave
 It can be extended to 30
days leave without pay
o Paternity leave
 14 days of paid leave
 It is only applicable for
married men
2) Mirasol v. DPWH
a) On the issue of the equal protection of
the laws
- It involves the Republic Act No. 2000 or
the Limited Access Highway Act
o It prohibits the passage of
motorcycles with engine
displacement below 400 cubic
centimeters on limited access
highways
Held
- It does not violate the equal protection of
the laws
- Motorcycles are not similarly situated
compared to other vehicles
- Motorcycles with engine displacement
below and above 400 cubic centimeters
have substantial distinction on its
features
b) On the issue of the right to travel
- It involves the validity of two Department
Orders (DO) and one Administrative
Order (AO) being violative to the
provisions of Republic Act No. 2000
o Department Order 74
 It was issued in 1993
 It declared NLEX and
SLEX as limited access
facilities
o Department Order 215
 It was issued in 1998
 It declared Manila-Cavite
Toll Expressway as limited
access facilities
 o Administrative Order 1 but your mode of travel is
 It was issued 1968 subject to certain limitation
 It prohibits the passage of
bicycles, tricycles, 3) Ebralinag v. Division Superintendent
pedicabs and motorcycles of Schools of Cebu
on limited access - It involves Jehovah’s Witnesses
highways students
o Republic Act No. 2000 - They were expelled from their schools
 Limited Access Highway because they refused to sing the
Act national anthem, salute the flag and
 It was enacted in 1957 recite the patriotic pledge, which are
 It declared that the acts of patriotism
Department of Public - They did so because they believe that
Works and these actions are acts of worship and
Communications is contrary to their religious beliefs
authorized to design any - They consider the flag as an idol of
limited access facility and religious significance
to regulate, restrict or Held
prohibit access as to best - The Supreme Court upheld their right for
serve the traffic for which free exercise of religion
such facility is intended - Their actions did not disturb the flag
- The evolution of the Department of ceremony
Public Works and Highways (DPWH) o They quietly stood in attention
and Department of Transportation and o They did not engage in any
Communications (DOTC) was discussed disruptive behavior
Held - Nationalism can be expressed in other
- The DOTC, not the DPWH has the ways
authority to regulate, restrict or prohibit
access to limited access facilities
- DO 74 and DO 215 are void because
DPWH has no authority to declare
certain expressways as limited access
facilities
- AO 1 is valid because the use of public
highways by motor vehicles is subject to
regulation as a valid exercise of the
police power of the state
o When it was issued, the DPWH
has still the authority to do so
o It does not impose unreasonable
restrictions
o It merely outlines several
precautionary measures and
guidelines
o It is designated to ensure public
safety and the uninhibited flow of
traffic within limited access
facilities
o It does not restrict the right to
travel
 You have the right to move
from one place to another