PCG REVIEWER

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.

Meaning of due process law.

Under the Constitution, a person may be deprived by the State of his life, liberty, or
property provided due process of law is observed.

Aspects of due process of law.

2 fold aspect:
 Procedural due process- refers to the method or manner by which the law is enforced.
 Substantive due process- requires that the law itself, not merely the procedures by
which law would be enforced, is fair, reasonable, and just.

Procedural due process.

(1) In judicial Proceedings- has its application in judicial proceedings, civil or criminal.
(a) An impartial court clothed by law with authority to hear and determine the matter
before it;
(b) Jurisdiction lawfully acquired over the person of the defendant or property which is
the subject matter of the proceeding;
(c) Opportunity to be heard given the defendant; and
(d) Judgement to be rendered after lawful hearing.
(2) In administrative proceeding- Due process, however, is not always judicial process. In
certain proceedings of an administrative character, notice and hearing may be dispensed
with, where because of public need or for practical reasons, the same is not feasible.

Substantive due Process- Viewed in its substantive aspect, due process of law requires
that the law in question affecting life, liberty, or property be a valid law, within the power
of the law-making body to enact and is reasonable in its operation.
(1) Thus, a tax which is imposed for a private purpose constitutes a taking of property
without due process as it is beyond the authority of the legislature to levy. (see
Preamble.)
(2) Likewise, the taking of property for private use or without payment or just
compensation offends substantive due process (see Sec.9, infra)

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 seized.
MEANING OF SEARCH WARRANT AND WARRANT OF ARREST.

(1) Search warrant is an order in writing, issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search
for certain personal property and bring it before the court.
(2) If the command is to arrest a person designated, to take him into custody in order that
he may be bound to answer for the commission of an offense, the written order is called
WARRANT OF ARREST.

Scope of the protection.

PERSONS- The protection applies to everybody, to citizens as well as aliens in the
Philippines, whether accused of crime or not. Corporations are also entitled to the
protection.
HOUSES- The protection is not limited to dwelling houses but extends to garage,
warehouse, shop, store, office and even a safety deposit vault.
PAPER S AND EFFECT- They include sealed letters and packages in the mail which
may be opened and examined only in pursuance of a valid search warrant.

Requisites for valid search warrant or warrant of arrest.

They are:
 It must be issued upon probable cause
 The probable cause must be determined personally by the judge himself
 Such determination of the existence of probable cause must be made after
examination by the judge of the complainant and the witnesses he may produce; and
 The warrant must particularly describe the place to be searched, and the persons or
things to be seized.

Meaning of probable cause- is meant such facts and circumstances antecedent to the
issuance of a warrant sufficient in themselves to induce a cautious man to rely them and
act in pursuance thereof.

Right against unreasonable search and seizure, personal.

 Proper party to invoke right- The legality of a search and seizures can be contested
only by the party whose personal rights involved.
 Right subject to waiver- Without a proper search warrant (see requisites), no public
official has the right to enter the premises of another without his consent for the
purpose of search and seizure.

When search and Seizure may be made without warrant.

 Where there is consent or waiver
 Where search is an incident to a lawful arrest
 In the case of contraband or forfeited goods being transported by ship, automobile or
other vehicle.
 Where, without a search, the possession of articles prohibited by law is disclosed to
plain view or is open to eye and hand.
 As an incident of inspection, supervision and regulation in the exercise of police
power (see Sec. 9) such as inspection of restaurant by health officers, of factories by
labor inspectors etc.
 Routinary searchers usually made at the border or at ports of entry in the interest of
national security and for the proper enforcement of customs and immigration laws.

Exceptions for valid Warrantless Arrest;

1. When in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense (FLAGRANTE DELICTO RULE)
2. When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts and circumstances that the person to be arrested has
committed it (FRESHLY COMMITED RULE)
3. When the person to be arrested is a prisoner who has escaped from penal establishment
or place where he is serving final judgement or temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
(FULES OF COURT)

WARRANTLESS ARRESTS
 In warrantless arrests, the general principles are basically the same with
warrantless searches. Meaning, all warrantless arrest are illegal.
 One can be subjected to criminal prosecution for doing warrantless arrests.
However there are also exceptions to make warrantless arrests valid.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.

(2)Any evidence obtained in violation of this or the preceding section shall be

inadmissible for any purpose in any proceeding. (EXCLUSIONARY RULE)

Privacy of communications may be restricted:

1. Upon lawful order of the court- The court order it in the manner provided under Sec. 3
of RA 4200 or the Anti Wire-tapping Law. You apply before the judge and prove that
there is probable cause, and the judge can order the conduct of wiretapping.
2. When prescribed by law as a public order and safety requires (congress has to pass a
law)
RA No. 4200 (Anti-Wire Tapping Law)- punishes interception and recording of
conversation without the consent of both parties.
It is similar to Sec. 3 in the sense that they are both exclusionary rules, but it goes further
because it punishes (violation only oral a crime). It is narrower in the sense that it covers
only oral communication (it is about oral communications only, not written or letters).
Text messages are not covered with this.
Section 4. No law shall be passed abridging 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.

Five rights protected:

1. Speech
2. Expression
3. Press
4. Assembly
5. Petition

FREEDOM OF SPEECH, EXPRESSION AND THE PRESS

 Freedom of speech, expression and of the press is the liberty to discuss publicly and
truthfully any matter of public interest without censorship or punishment.
 These are political rights as they enjoyed in order to participate in affairs of the
government.

RIGHT TO ASSEMBLE AND PETITION THE GOVERNMENT FOR REDRESS OF

GRIEVANCES

 Freedom of assembly is the right of the people to meet peaceably for consultation
and discussion of matters of public concern.
 Test: Clear and Present Danger to public safety, order, morals, etc. (purposes of
police power)

FREEDOM OF RELIGION

Section 5. No law shall be made respecting an establishment or 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.

Two parts:
1. Non-Establishment
 Prevents the state from promoting any religion, aid one religion or prefers one
over another.
Matters prohibited by the Non- Establishment Clause:
1. State cannot organize a church
2. State cannot promote one religion
3. State cannot impose taxes to support a religious activity
4. State cannot participate in the affairs of a religious organization.

2. Free Exercise Clause

 The state cannot compel you on what your religion prohibits.
Two-fold Aspects of the Free Exercise Clause:
1. The freedom to believe, which is absolute; and
2. The freedom to act, which may be restricted, in accordance with one’s beliefs

“The freedom to act, which may be restricted, in accordance with one’s beliefs” has two
parts;
1. The state cannot compel a person to do something which his religion prohibits.
2. The state cannot prohibit a person from doing something which his religion
commands.

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.

Right to Travel:
Can be restricted in the interest of national security, public safety, or public health as may
be provided by law.

Who can restrict? (Silverio vs. Santiago)

1. Courts (People out of Bail)- Applies to criminal cases only;
2. Executive and administrative officials;
3. Congress-by law

Conditions when courts may allow travel:

1. Prove urgency;
2. State duration;
3. Obtain consent of surety

Section 7. The right of the people ton 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 may be provided by law.

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

Section 9. Private property shall not be taken for public use without just compensation.
(POWER OF EMINENT DOMAIN)

Section 10. No Law impairing the obligation of contracts shall be passed.

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

Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.

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 even when the
privilege of the writ of habeas corpus is suspeded. Excessive bail shall not be required.

MEANING OF BAIL- Bail is the security required by a court and given for the
provisional or temporary release of a person who is in the custody of the law conditioned
upon his appearance before any court as required under the conditions specified.

PURPOSE AND FORM OF BAIL

(1) The purpose of requiring bails is to relieve an accused from imprisonment until his
conviction and yet secure his appearance at the trial.
(2) It may be in the form of cash deposit, property bond, bond secured from surety
company, or recognizance.

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

10 RIGHTS OF THE ACCUSED DURING TRIAL

1. Right to presumption of innocence.
2. Statutory presumptions of guilt.
3. Right to be heard by himself and counsel.
4. Meaning and purpose of arraignment
5. Importance of the right to counsel
6. Right to be informed of the nature and cause of the accusation against him.
7. Right to have a speedy, impartial, and public trial
8. Right to confrontation of witnesses.
9. Right to compulsory production of witnesses and evidence.
10. Trial in the absence of the accused.

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.

WRIT OF HABEAS CORPUS- The writ of habeas corpus is an order issued by a court of
competent jurisdiction, directed to the person detaining another, commanding him to
produce the body sufficient cause for holding in custody the individual so detained.
PURPOSE OF THE WRIT- to inquire into all manner of involuntary restraint or
detention as distinguished from voluntary and to relieve a person therefrom if such
restraint is found illegal.

HOW TO WRIT OPERATES- is the order from the court requiring a person detaining
another to show cause for the detention, while the privilege of the writ is the further order
from the court to release an individual if it finds his detention without legal cause or
authority.

SUSPENSION OF THE PRIVILEGE OF THE WRIT- privilege of the writ habeas

corpus (not the writ itself) may be suspended by the president( Art.VII, Sec. 18.) in case
only of invasion or rebellion, when public safety requires it.

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

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

Section 18. (1) No persons shall be detained solely by reason oh his political beliefs and
aspirations.
(2)No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

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

THREE POWERS OF STATE