BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political
rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be provided by law.

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

Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.

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

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

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

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

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.

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

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by
law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

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

RULE 115
RIGHTS OF THE ACCUSED
Section 1. Rights of accused at the trial. —In all criminal prosecutions, the accused shall be entitled to
the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment
to promulgation of the judgment. The accused may, however, waive his presence at the trial pursuant to
the stipulations set forth in his tail, unless his presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable cause at the trial of which he had notice
shall be considered a waiver of his right to be present thereat. When an accused under custody escapes, he
shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him
is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of
its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in
the Philippines, unavailable, or otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party having the opportunity to
cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

STATUTORY RIGHTS OF THE ACCUSED

-----
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. ALFONSO GATCHALIAN,
Defendant-Appellee.

Solicitor General Ambrosio Padilla and Solicitor Troadio T. Quiazon, Jr. for Appellant.

Ishmael Rodriguez for Appellee.

S Y L LA B U S

1. MINIMUM WAGE LAW; WILLFUL VIOLATION OF ANY PROVISION; CRIMINAL AND

CIVIL LIABILITY OF VIOLATOR. — While Section 3 of the Minimum Wage Law under which
appellee was charged does not state that it shall be unlawful for an employer to pay his employees wages
below the minimum wage but merely requires that the employer shall pay wages not below the minimum
wage, however, Section 15 of the same Act imposes both a criminal penalty for a willful violation of any
of the provisions of the law and a civil liability for any underpayment of wages due en employee. Thus,
the intention of the law is clear: to slap not only a criminal liability upon an erring employer for any
willful violation of the acts sought to be enjoined but to attach concurrently a civil liability for any
underpayment he may commit as a result thereof. The law speaks of a willful violation of "any of the
provisions of this Act", which is all-embracing, and the same must include what is enjoined in Section 3
thereof which embodies the very fundamental purpose for which the law has been adopted.

2. GOVERNMENT OFFICIALS NOR INCLUDED IN THE PENALTY CLAUSE. — Officials of

the government entrusted with the enforcement of the law do not come under the penal clause embodied
in Section 15 (a) of the Minimum Wage Law. The failure of these officials to comply with their duties
would subject them merely to administrative sanction (Sec. 18[c], Rep. Act No. 602).

3. CRIMINAL PROCEDURE; INFORMATION; SPECIFIC PROVISION WHICH PENALIZES

ACT NEED NOT BE MENTIONED. — It is true that the informations under which appellee was
charged only mention Section 3 of the law as the one violated and this section does not contain a penal
clause, but this does not make the information defective. There is no law which requires that in order that
an accused may be convicted the specific provision which penalizes the act charged be mentioned in the
information. The Rules of Court do not require such designation.

4. STATUTORY CONSTRUCTION; PENAL LAW; STRICT CONSTRUCTION, WHEN MAY BE

INVOKED. — The rule that penal statutes should be strictly construed against the State may be invoked
only where the law is ambiguous and there is doubt as to their interpretation. Where the law is clear and
unambiguous, there is no room for the application of the rule.
DECISION
Alfonso Gatchalian was charged before the Court of First Instance of Zamboanga with a violation of
Section 3 of Republic Act No. 602 in four separate informations (Criminal Cases Nos. 2206, 2207, 2208
and 2209) committed as follows:jgc:chanrobles.com.ph

"That on or about August 4, 1951, up to and including December 31, 1953 and within the jurisdiction of
this Court, viz, in the City of Zamboanga, Philippines, the above named accused, owner or manager of the
New Life Drug Store, a business establishment in the City of Zamboanga and having under his employ
one Expedito Fernandez as salesman in the said establishment, did then and there willfully, and
feloniously, pay and cause to be paid to said Expedito Fernandez, a monthly salary of P60 to P90 for the
period above-mentioned which is less than that provided for by law, thereby leaving a difference of an
unpaid salary to the latter in the total amount of P1,016.64 for the period above-mentioned."cralaw
virtua1aw library

When arraigned on June 19, 1956, he pleaded not guilty to the charge. On August 29, 1956, his counsel,
in his behalf, filed a written motion to dismiss based on two grounds which in substance merely consist in
that the violation charged does not constitute a criminal offense but carries only a civil liability, and even
if it does, the section of the law alleged to have been violated does not carry any penalty penalizing it. On
September 25, 1956, the City Attorney of Zamboanga filed his answer to the motion to dismiss
contending that the law which was violated by the accused carries with it both civil and criminal liability,
the latter being covered by Section 15 which provides for the penalty for all willful violations of any of
the provisions of the Minimum Wage Law. On December 3, 1956, the Court, after hearing the arguments
of both parties, as well as some members of the local bar, issued an order dismissing the informations
with costs de oficio and cancelling the bail bond filed by the accused. The court in the same order directed
the Regional Representative of the Department of Labor to immediately institute a civil action against the
erring employer for the collection of the alleged underpayment of wages due the employees. A motion for
reconsideration having been denied, the Government took the present appeal.
The pertinent portion of Section 3 of Republic Act 602 under which appellee was prosecuted, reads as
follows:chanrob1es virtual 1aw library

SEC. 3. Minimum wage. — (a) Every employer shall pay to each of his employees who is employed by
an enterprise other than in agriculture wages at the rate of not less than —

(1) Four pesos a day on the effective date of this Act and thereafter for employees of an establishment
located in Manila or its environs;

(2) Three pesos a day on the effective date of this Act and for one year after the effective date, and
thereafter P4 a day, for employees of establishment located outside of Manila or its environs: Provided,
That this Act shall not apply to any retail or service enterprise that regularly employs not more then five
employees."cralaw virtua1aw library

Section 15 of the same law, which treats of "penalties and recovery of wages due", likewise
provides:jgc:chanrobles.com.ph

"SEC. 15. Penalties and recovery of wage due under this Act. —

(a) Any person who wilfully violates any of the provisions of this Act shall upon conviction thereof be
subject to a fine of not more than two thousand pesos, or, upon second conviction, to imprisonment of not
more then one year, or to both fine and imprisonment, in the discretion of the court.

(b) If any violation of this Act is committed by a corporation, trust, partnership or association, the
manager or in his default, the person acting as such when the violation took place, shall be responsible. In
the case of a government corporation, the managing head shall be made responsible, except when shown
that the violation was due to an act or commission of some other person, over whom he has no control, in
which case the latter shall be held responsible.

(c) The Secretary is authorized to supervise the payment of the unpaid minimum wages or the wages
found owing to any employee under this Act.

(d) The Secretary may bring an action in any competent court to recover the wages owing to an employee
under this Act, with legal interest. Any sum thus recovered by the Secretary on behalf of an employee
pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the
Secretary, directly to the employee or employees affected. Any such sums not paid to an employee
because he cannot be located within a period of three years shall be covered into the Treasury as
miscellaneous receipts.

(e) Any employer who underpays an employee in violation of this Act shall be liable to the employee
effected in the amount of the unpaid wages with legal interest. Action to recover such liability may be
maintained in any competent court by anyone or more employees on behalf of himself or themselves. The
court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a
reasonable attorney’s fee which shall not exceed ten per cent of the amount awarded to the plaintiffs,
unless the amount awarded is less than one hundred pesos, in which event the fee may be ten pesos, but
not in excess of that amount. Payment of the amount found due to the plaintiffs shall be made directly to
the plaintiffs, in the presence of a representative of the Secretary or the Court. In the event payment is
witnessed by the court or its representative, the Secretary shall be notified within ten days of payment that
the payment has been made.

(f) No employer, attorney, or any other person, other than the employee to whom underpayment are found
due, shall receive any part of the underpayment due the employee; and no attorney shall receive any fee in
excess of the maximum specified herein.

(g) In determining when an action is commenced under this section for the purpose of the statute of
limitation, it shall be considered to be commenced in the case of any individual claimant on the date when
the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did
not so appear, on the subsequent date on which his name is added as a party plaintiff in such action."
It is clear from the above-quoted provisions that while Section 3 explicitly requires every owner of an
establishment located outside of Manila or its environs to pay each of its employees P3.00 a day on the
effective date of the Act, and one year thereafter P4.00 a day, Section 15 imposes both a criminal penalty
for a willful violation of any of the above provisions and a civil liability for any underpayment of wages
due an employee. The intention of the law is clear: to slap not only a criminal liability upon an erring
employer for any willful violation of the acts sought to be enjoined but to attach concurrently a civil
liability for any underpayment he may commit as a result thereof. The law speaks of a willful violation of
"any of the provisions of this Act", which is all-embracing, and the same must include what is enjoined in
Section 3 thereof which embodies the very fundamental purpose for which the law has been adopted. A
study of the origin of our Minimum Wage Law (Republic Act 602) may be of help in arriving at an
enlightened and proper interpretation of the provisions under consideration. Our research shows that. this
Act was patterned after the U. S. Fair Labor Standards Act of 1938, as amended, and so a comparative
study of the pertinent provisions of both would be enlightening.
“MINIMUM WAGES”

SEC. 6. (a) Every employer shall pay to each of his employees who is engaged in commerce or in the
production of goods for commerce wages at the following rates —

"(1) not less than 75 cents an hour;"

"PROHIBITED ACTS"

SEC. 15. (a) After the expiration of one hundred and twenty, days from the date of enactment of this Act,
it shall be unlawful for any person —

"(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver; or sell with
knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production
of which any employee was employed in violation of section 6 or section 7, or in violation of any
regulation or order of the Administrator issued under section 14; . . .

"(2) to violate any of the provisions of section 6 or section 7, or any of the provisions of any regulation or
order of the Administrator issued under section 14;

"(3) to discharge or in any other manner discriminate against any employee because such employee has
filed any complaint or instituted or cause to be instituted any proceeding under or related to this Act, or
has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry
committee;

"(4) to violate any of the provisions of section 11 (c) or any regulation or order made or continued in
effect under the provisions of section 11 (d), or to make any statement, report, or record filed or kept
pursuant. to the provisions of such section or of any regulation or order thereunder, knowing such
statement, report, or record to be false in a material respect.
"PENALTIES

SEC. 16. (a) Any person who willfully violates any of the provisions of section 15 shall upon conviction
thereof be subject to a line of not more than P10,000, or to imprisonment for not more than six months, or
both. No person shall be imprisoned under this subsection except for an offense committed after the
conviction of such person for a prior offense under this subsection.

“(b) Any employer who violates the provisions of section 6 or 7 of this Act shall be liable to the employee
or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime
compensation, as the case may be, and in additional equal amount as liquidated damages. Action to
recover such liability may be maintained in any court of competent jurisdiction by any one or more
employees for and in behalf of himself or themselves and other employees similarly situated. No
employee shall be a party plaintiff to any such action unless he gives his consent in writing to become
such a party and such consent is filed in the court in which such action is brought. The court in such
action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable
attorney’s fee to be paid by the defendant costs of the action.”
Endnotes:

BENGZON, J., dissenting:chanrob1es virtual 1aw library

1. Even though "exception" or "except" does not appear in the text of the statute. (82 Corpus Juris Secundum 890).

2. Anyway, inadequacy of the punishment provided by the statute is never a matter for the judiciary to remedy by interpretation.

MONTEMAYOR, J., dissenting:chanrob1es virtual 1aw library

1. "The Minimum Wage Law" by Emiliano Morabe, p. 2, Explanatory notes on House Bills Nos. 1470, 1474, and 1577.

2. The Quirino-Foster Agreement of November 4, 1950.

3. Section 2(b), Minimum Wage Law.

4. The only change in the Minimum Wage Law was Republic Act 812, mending Section 3, by providing that said law shall not apply to
homeworkers engaged in needlework by hand.