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Part II.

Article III of Bill of Rights

Sec. 7. The right of the people to information on matters of public concern shall
be recognized. Access to official records and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by laws.

Scope of the right

1. The right embraces all public records


2. It is limited to citizens only but is without prejudice to the right of aliens to
have access to records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may be provided by law.

Sec. 8. The right of the people including those employed in the public and
private sectors, to forms unions, associations, or societies for purpose not
contrary to law shall not be abridged.

Meaning of right to form association, etc.

The right to form associations is the freedom to organize or to be a member of


any group or association, union, or society, and to adopt the rules which the
members judge most appropriate to achieve their purpose.

Sec 9. Private property shall not be taken for public use without just
compensation.

Essential or inherent powers of the government.

The totality of government power is contained in three great powers, namely:


power of eminent domain, police power, and power of taxation.

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


Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Constitutional rights of the accused in criminal cases.

1. The right to adequate legal assistance


2. The right to be presumed innocent
The right is non-waivable right. In all criminal prosecutions the accused is
presumed innocent until the contrary is proven beyond reasonable doubt.
Equipoise Rule provides that where the evidence in a criminal case is evenly
balance, the constitutional presumption of innocence tilts the scales in
favor of the accused.
3. Right to be informed of the nature and the cause of the accusation against
him.
As a general rule, an accused cannot be convicted of an offense unless it is
clearly charged in the complaint of Information. To convict him of an
offense other than that charged in the complainant of information would a
violation of this constitutional right.
4. The right of due process of law
5. The right against the use of torture, force, violence, threat, intimidation or
any other means which vitiates the free will.
6. The right to be heard by himself and counsel
7. Right against self-incrimination
The accused is protected under this rule from questions which tend to
incriminate him, that is, which may subject him to criminal liability.
8. Right to have a speedy, impartial, and public trial
9. The right against excessive fines
10.The right to bail and against excessive bail
Bail as matter of right
Bail is a matter of right if a person is charged with an offense not
punishable by reclusion perpetua or life imprisonment, or death. All person
in custody shall be admitted as a matter of right, with sufficient sureties or
be released on recognizance as prescribed by law or this rule;
a. Before or after conviction by the Municipal trial court and;
b. Before the conviction of the regional trial court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.

Bail, when discretionary


Upon conviction by the regional trial court of an offense not punishable by
death, reclusion perpetua or life imprisonment, the court, on application,
may admit the accused to bail
11. The right against double jeopardy
12.Right to appeal on all cases allowed by law and in the manner prescribed by
law.

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