BILL OF RIGHTS

Article III of the

1987 Constitution
 DUE
PROCESS OF
THE LAW
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.
RIGHTS PROTECTED BY THE DUE
PROCESS CLAUSE

1 Liberty 3

Life 2 Property
 IMPORTANCE OF DUE PROCESS

Constitutional due process protects the

individual from the government and
assures him of his rights in criminal, civil,
or administrative proceedings.
ASPECTS OF DUE PROCESS

SUBSTANTIVE PROCEDURAL
DUE PROCESS DUE PROCESS
 Right Against
UNREASONABLE
Searches and
Seizure
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.
KINDS OF WARRANT

SEARCH WARRANT OF
WARRANT ARREST
QUESTION

May search warrant be issued for

the search and seizure of real
property?
 ANSWER

NO. Real property cannot be a

subject of a search warrant
because of physical impossibility
to bring the property before the
court.
 ANSWER
Under Section 3, Rule 126 of the Revised
Rules of Criminal Procedure, only
personal property may be subject of search
warrant, which may be:
1. Subject of offense;
2. Stolen or embezzled and other
proceeds, or fruits of the offense; or
3. Used or intended to be used as the
means of committing an offense.
REQUISITES
OF A VALID 01 Existence of probable cause;
WARRANT: Must be issued for one (1) specific
02 offense;
Probable cause was personally
03 determined by the judge;

Personal examination under oath or

04 affirmation of the complainant and
the witnesses he may produce;
REQUISITES
OF A VALID
Personal knowledge of the
WARRANT: 05 complainant or his witnesses of the
facts; and

Particular description of the place

06 to be searched and the persons to
be seized.
QUESTION

A search warrant was issued

upon application stating that the
person named therein committed
a “Violation of the Revised Penal
Code”. Is the SW valid?
 ANSWER
NO. No specific offense had been alleged in said
applications. The averments thereof with respect to
the offense committed were abstract. As a
consequence, it was impossible for the judge who
issued the warrants to have found the existence of
probable cause, for the same presupposes the
introduction of competent proof that the party against
whom it is sought has performed particular acts, or
committed specific omissions, violating a given
provision of our criminal laws.
QUESTION

Is a John Doe Warrant valid?

 ANSWER

Generally, it is VOID.

HOWEVER, if there are other

and further descriptions of the
person to be apprehended, it
may be valid.
QUESTION

The search warrant described

the things to be seized as
“Unlicensed firearms of
various calibers and
ammunitions for the said
firearms”. Is it valid?
 ANSWER
YES. The law does not require that the things to be
seized must be described in precise and minute
detail as to leave no room for doubt on the part of
the searching authorities. Otherwise, it would be
virtually impossible for the applicants to obtain a
warrant as they would not know exactly what kind of
things they are looking for. Since the element of time
is very crucial in criminal cases, the effort and time
spent in researching on the details to be embodied
in the warrant would render the purpose of the
search nugatory. Kho v. Hon. Makalintal, G.R. No. 94902-0, April 21, 1999
QUESTION
The search warrant authorized the search of “Paper
Industries Corporation of the Philippines, located
at PICOP Compound, Barangay Tabon, Bislig,
Surigao del Sur.“

The PICOP compound, however, is made up of 200

offices/building, 15 plants, 84 staff houses, 1 airstrip, 3
piers/wharves, 23 warehouses, 6 POL depots/quick
service outlets and some 800 miscellaneous
structures, all of which are spread out over some one
hundred fifty-five hectares. Is it valid?
 ANSWER

NO. The search warrant failed to describe the place

with particularity.

PICOP v. Asuncion, G.R. No. 122092, May 19, 1999

QUESTION
The search warrant authorized the search of “premises located
at Abigail Variety Store Apt 1207, Area-F, Bagong Buhay
Avenue, Sapang Palay, San Jose Del Monte, Bulacan“ which
was based on the application and in the affidavit of the police
officers who applied for SW. There were at least five (5) distinct
places in the area involved: the store known as "Abigail's Variety
Store," and four (4) separate and independent residential
apartment units. However, the police officers actually intended to
search Apartment 1 only because they have personal
knowledge, based on their surveillance, that Mr. X has in his
possession firearms and explosives. Consequently, they
searched Apartment 1 although it was not the one described in
the SW. Is the implementation of the SW valid?
 ANSWER
NO. The place to be searched, as set out in the warrant,
cannot be amplified or modified by the officers' own
personal knowledge of the premises, or the evidence they
adduced in support of their application for the warrant. It
would open wide the door to abuse of the search process,
and grant to officers executing a search warrant that
discretion which the Constitution has precisely removed
from them. The particularization of the description of the
place to be searched may properly be done only by the
Judge, and only in the warrant itself; it cannot be left to the
discretion of the police officers conducting the search.

People v. Court of Appeals, G.R. No. 126379, June 26, 1998.

 VALID
WARRANTLESS
ARRESTS
 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

(Paragraph a, Section 5, Rule 113 of the Rules of Court)

REQUISITES:
The person to be arrested must
01 execute an overt act indicating
that he has just committed, is
actually committing, or is
attempting to commit a crime; and

Such overt act is done in the

02 presence or within the view
of an arresting officer.
QUESTION
A member of the New People’s
Army (NPA) was about to board
his flight to Manila from Virac
Airport. He was positively
identified by a police officer as a
member of the NPA. May he be
validly arrested even without a
warrant?
 ANSWER
YES. He is being arrested for being a member of the NPA, an
outlawed subversive organization. Subversion being a
continuing offense, the arrest without warrant is justified
as it can be said that he was committing an offense when
arrested. The arrest of persons involved in the rebellion
whether as its fighting armed elements, or for committing non-
violent acts but in furtherance of the rebellion, is more an act
of capturing them in the course of an armed conflict, to quell
the rebellion, than for the purpose of immediately prosecuting
them in court for a statutory offense. The arrest or capture is
thus impelled by the exigencies of the situation that involves
the very survival of society and its government and duly
constituted authorities.
Umil v. Ramos, G.R. No. 8157, June 9, 1990.
QUESTION
On August 30, 2023, Pat. Juan Dela Cruz learned from a
confidential informant that Mr. X will be arriving at the San Andres
port from Tabaco on September 2, 2023 and that he was carrying
shabu. Consequently, Pat. Dela Cruz together with his team and
the confidential informant waited for Mr. X at the San Andres port
on September 2, 2023. While the passengers were disembarking
from the shipping vessel, the confidential informant pointed to a
man whom he identified as Mr. X. Hence, the team arrested Mr. X
and found in his possession six (6) pieces of heat-sealed
transparent sachet containing white crystalline substance. The
subsequent Chemistry report shows that the contents thereof
tested positive for shabu. Is the warrantless arrest valid?
 ANSWER
NO. Mr. X was not, at the moment of his arrest, committing a
crime nor was it shown that he was about to do so or that he
had just done so. What he was doing was disembarking from
the plane and without any outward indication that called for
his arrest. To all appearances, he was like any of the other
passengers innocently disembarking from the vessel (People
v. Aminnudin, G.R. No. 74869, July 6, 1988). It is settled that
"reliable information" alone, absent any overt act indicative
of a felonious enterprise in the presence and within the view
of the arresting officers, are not sufficient to constitute
probable cause that would justify an in flagrante
delicto arrest (People v. Molina, G.R. No. 133917, February
19, 2001).
QUESTION
Pat. Juan Dela Cruz was
positioned just outside the gate
of Catanduanes State University.
He saw Mr. X shot a student
located inside the gate of the
campus. May Pat. Dela Cruz
arrest that man without a
warrant?
 ANSWER

YES. When a police officer sees the offense,

although at a distance, or hears the
disturbances created thereby, and proceeds
at once to the scene thereof, he may effect
an arrest without a warrant. The offense is
deemed committed in the presence of or
within the view of the officer.
People v. Sucro 195 SCRA 388
QUESTION

A B C and D are in a drinking

session in a room. C and D fell
asleep. When they woke up, they
found A dead. Can they lawfully
arrest B?
 ANSWER

NO. Presence does not refer to physical

presence. Physical presence is not enough
without any showing that they are conscious
of what was happening while they were
asleep.
 HOT PURSUIT ARREST

When an offense has just been

committed, and he has probable cause
to believe based on personal knowledge
of facts or circumstances that the person
to be arrested has committed it

(Paragraph b, Section 5, Rule 113 of the Rules of Court)

REQUISITES:

PROBABLE CAUSE BASED ON

01 PERSONAL KNOWLEDGE

02 OFFENSE HAS JUST BEEN

COMMITTED
QUESTION
A robbery incident happened on or about 10:00 in the
evening of September 1, 2023 at a convenience store
in Calatagan, Virac, Catanduanes. The following day,
Pat. Juan Dela Cruz received a tip from an informant
that the culprit is one of the passengers leaving for
Manila via Virac Airport on September 2, 2023. The
informant gave the description of that culprit. That
morning, Pat. Dela Cruz saw a man at the airport which
matches the description given by the informant. May he
validly arrest the alleged culprit?
 ANSWER

NO. The arrest came a day after the offense was

committed and thus, the offense had not been
“just” committed. Furthermore, the arresting officer
had no personal knowledge of facts indicating that
the person to be arrested had committed the
offense, since they were not present and were not
actual eyewitnesses to the crime.
 ESCAPING FROM A
PENAL
ESTABLISHMENT
When the person to be arrested is a
prisoner who has escaped from a
penal establishment or place where he
is serving final judgment or is
temporarily confined while his case is
pending x x x

(Paragraph c, Section 5, Rule 113 of the Rules of Court)

 ESCAPING WHILE
BEING TRANSFERRED
When the person to be arrested x
x x has escaped while being
transferred from one confinement
to another

(Paragraph c, Section 5, Rule 113 of the Rules of Court)

 ARREST BY THE
BONDSMAN
For the purpose of surrendering the accused,
the bondsmen may arrest him or, upon written
authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a
police officer or any other person of suitable
age and discretion

(Section 23, Rule 114 of the Rules of Court)

 VALID
WARRANTLESS
SEARCH
 SEARCH
INCIDENTAL TO A
LAWFUL ARREST
QUESTION
Seven (7) days ago, a police officer received a bomb threat
report. Consequently, he and three (3) other police officers
were on foot patrol along Quezon Boulevard, Quiapo, Manila.
They chanced upon two groups, with each group comprised of
three (3) to four (4) men. The police officers positioned
themselves at strategic points and observed both groups for
about 30 minutes. The police officers then approached one
group of men, who then fled in different directions. When
caught, a .38 caliber revolver was recovered from one of them
while a grenade from the other. Is the warrantless search valid?
 ANSWER

NO. The arrest which preceded the search is not

valid.
STOP-AND-FRISK
THEORY(TERRY
DOCTRINE)
 CHECKPOINTS
BODY CHECKS IN
AIRPORTS
CONSENTED
SEARCH
 SEIZURE OF
MOVING VEHICLE
PLAIN VIEW
DOCTRINE
REQUISITES:
01 A prior valid intrusion based on the valid warrantless
arrest in which the police are legally present in the pursuit
of their official duties;

02 The evidence was inadvertently discovered by the

police who had the right to be where they are;

03 The evidence must be immediately apparent; and

04 Plain view justified mere seizure of evidence

without further search.
EXCLUSIONARY RULE

All evidence obtained in violation of Section 2, Article

III, shall be inadmissible for any purpose in any
proceeding.
Rights of Suspects
under CUSTODIAL
INVESTIGATION
SECTION 12
CUSTODIAL
INVESTIGATION
Any questioning initiated by law
enforcement officers after a
person has been taken into
custody or otherwise deprived of
his freedom of action in any
significant way
MIRANDA RIGHTS
01 Right to be informed of his rights to remain silent and
to counsel

02
Right to be reminded that if he waives his right
to remain silent, anything he says can and will
be used against him

03 Right to remain silent

04 Right to have competent and independent

counsel preferably of his own choice
MIRANDA RIGHTS
05 Right to be provided with counsel, if the person
cannot afford the services of one

06
No torture, force, violence, threat, intimidation or any
other means which vitiate the free will shall be used
against him

07 Secret detention places, solitary, incommunicado, or

other similar forms of detention are prohibited

08 Confessions or admissions obtained in violation of

these rights are inadmissible in evidence
WAIVER OF RIGHTS UNDER
CUSTODIAL INVESTIGATION
✓ Must be in writing; and

✓ In the presence of counsel

RIGHTS WHICH
CANNOT BE WAIVED
1. Right to be informed of his right to remain
silent and to counsel; and

2. Right to counsel when making the waiver

of the right to remain silent or to counsel.
REQUISITES OF ADMISSIBLE
EXTRAJUDICIAL CONFESSION
01 Made by a person, arrested,
custodial investigation;
detained, or under

With the assistance and in the presence of his

counsel or in the latter’s absence, upon a valid
waiver, and in the presence of any of the parents,
02 elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as
chosen by him;

03 In writing;
REQUISITES OF ADMISSIBLE
EXTRAJUDICIAL CONFESSION
04 Voluntary;

05 Express;

06 Signed.
WRIT OF HABEAS
CORPUS
SECTION 15
WRIT OF HABEAS
CORPUS

An order issued by a court directing a

person detaining another to produce the
physical body of the detainee at a
designated time and place, and to explain
the reason for the detention
SUSPENSION OF THE
PRIVILEGE OF THE WRIT OF
HABEAS CORPUS
• Only in case of invasion or
rebellion, when the public safety
requires it

• For a period not exceeding 60 days

PREAMBLE
We, the sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and humane
society, and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the
blessings of independence and democracy under
the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
 THANK YOU!
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with according to law.