BILL OF RIGHTS (ARTICLE 3 OF THE 1987 CONSTITUTION)

 It is a declaration and enumeration of a person’s rights and privileges which the constitution is designed to protect against
violation by the government or by individual or groups of individuals. It is a charter of liberties for the individual a
limitation upon the power of the state.
 Number of rights:22
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 law.
What is Due Process?
 Under the authority of the Law that is valid under the Constitution itself; and
 After compliance with fair and reasonable methods of procedure required by law.
What constitutes Deprivation?
 Deprivation of Life-the loss of any of the various physical and mental attributes which man must have to live as human being.
 Deprivation of liberty-that one is duly prevented from acting the way he wishes to do.
 Deprivation of Property- when its value is destroyed
What is the meaning of equal Protection of Law?
 It signifies that all persons subject to legislation should be treated alike under the circumstances and conditions both in the
privileges conferred and liabilities imposed.
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 witness he may be produce, and particularly describing the place to be searched and persons and things to be seized.
What is its scope of Protection?
 Persons applies to every citizen of the Philippines including aliens
 House not limited to dwelling but extends to a garage, warehouse, shop, store and even safety deposit vault.
 Papers and effect include sealed letters and packages in the mail which may be opened and examined only in pursuance of a
search warrant.
What is Probable Cause?
 Facts and circumstances as are sufficient to engender a well-founded belief that a crime has been committed and that
respondents is probably guilty thereof, and should be held for trial.
Warrant of Arrest Vs. Search Warrant
What is a Search Warrant?
A 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 personal property and bring it before a court.
What is warrant of arrest?
An order signed by judge directed to a peace officer commanding him to arrest the person specified therein.
Arrest without warrant
a.”When, in his presence the person to be arrested has committed , is actually committing, or is attempting to commit an
offense”(Par.a,sec.5, Rule 113);
=also known as in flagrante delicto arrest
Requirements that must be present;
  First, the person to be arrested must execute an overt act indicating that he has just committed ,is actually committing
or is attempting to commit a crime; and
 Two, such overt act is done in the presence or within the view of the arresting officer.
It is not sufficient that the suspect exhibits unusual or strange acts or simply appears suspicious.
b.”when an offence 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”(Par. B,Sec.5,Rule 113);
This is also known as hot pursuit arrest. The phrase “has just been committed” connotes “immediately”.
The measurement of immediately is between the time the offense was committed and the time the arrest was made.
c.”When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending , or has escaped while being transferred from on confinement to
another”(Par.c, sec. 5,Rule 113).
When can search be made without search warrant?
1. Warrantless Search Incidental to a Lawful Arrest
A person lawfully arrested maybe searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.
Note: the arrest must be precede from search and in general sense the process cannot be reversed
2. Search of Evidence in Plain View
Plain view means anything seen on plain sight or having visual on things that are readily observable.
 The evidence must be immediately apparent;
 The evidence was inadvertently discovered by the police who have the right to be where they are.
INADVERTENCE means that the police officers conducting the search must bear no knowledge that the evidence was present in
that place and that upon execution of search , such was accidentally discovered.
3. Search to a Moving Vehicle
The vehicles inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes
a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity.
4. Consented Warrantless Search
Consented warrantless each refers to the act of relinquishing or abandoning the right against search.
Characteristic and environment in which consent is given:
1. The age of the defendant;
2. Whether he was in a public or secluded location;
3. Whether he objected to the search or passively looked on;
4. The education and intelligence of the defendant;
5. The presence of coercive police procedures;
6. Defendants belief that no incriminating evidence will be found;
7. The nature of the police questioning;
8. The environment in which the questioning too place; and
9. The possibly vulnerable subjective state of the person consenting.
5.Custom Search
Police officers generally empowered by law to effect arrest and execute process of courts , when acting under the direction of
the collector(see Par. D ,sec. 2203,R.A 1937)has authority to conduct custom searches within the jurisdiction of the Bureau of
Customs.
 6.Stop and Frisk or Terry Searches
The act of a police officer to stop a citizen on the street , interrogate him, and pat him for weapons or contraband. The grounds
of suspicion are reasonable when is based on actual facts strong to create the probable cause.
==“stop and Frisk” search should be limited to outer clothing
Police officers should not rely on single suspicious circumstance, there should be a “presence of more than one seemingly
Innocent activity , which, taken together , warranted a reasonable inference of criminal activity.”
7.Exigent and Emergency Circumstances
Refer to situations or events that require quick or instantaneous judgment or decision from the police officer.
Examples:
 Access to a burning house to rescue an occupant
 A police officer hearing a gunfire inside the house
 Emergency aid to a person being injured inside the building
 Response to a person who screams for help inside an establishment
8. Inspection of Buildings and other premises for the enforcement of fine, sanitary and building regulations.

Section 3.(1.)The Privacy of communication and correspondent shall be inviolable except upon lawful order of the court , or when
public safety or other 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.
What is right of Privacy?
Is concisely defines as the right to be left alone or to be free from undesired publicity without unwarranted interference by the
public in matters with which the public is not necessarily concerned.
Warrant to Intercept Computer Data (WICD)
It is an order in writing issued in the name of People of the Philippines , signed by a judge , upon application of law enforcement
authorities , authorizing the latter to carry out any or all of the ff. activities;
1. Listening to;
2. Recording
3. Monitoring; or
4. Surveillance of the content of communications, eaves dropping or tapping 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.
What is Freedom of Expression?
The right to freely utter and publish whatever one pleases without previous restraint and to be protected against any responsibility
for so doing as long as it does not violate the law, or injure someone’s character, reputation or business.
LIMITATIONS
 Slander –making a false statement damaging one’s reputation .oral defamation against another
 Libel-published false statements that damage one’s reputation
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.
RELIGIOUS FREEDOM
The right to worship God , and to entertain those religious views as appeal to his religious conscience, without dictation or
interference by any person or power . civil or ecclesiastical
What is Religious Test?
One demanding the avowal repudiation of certain beliefs before the performance of any act.
Example:
Laws prescribing the religious qualification of public officials , or employees , whether appointive or elective or of voters.
Section 6.The liberty of abode and of changing the same within the limits prescribed by law shall be impaired except upon unlawful
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.
Liberty of Abode and Travel
The right of a person to have his home in whatever place chosen by him and thereafter to change it at will and to go where he
pleases , whitout interference from any source.
LIMITATIONS
PERMISSIBLE INTERFERENCE – the right is disqualified by the clauses “except upon lawful order of the court” and “except in the
interest of national security , public safety , or public health
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 citizens, subject to such limitations as may be provided by law.
Scope of the Right
 The right embraces all public records
 It is limited to citizens only but it is without prejudice to the right if aliens to access to records a cases where they are
litigants.
 Its exercise is subject of limitation
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.
Right to form Associations
The freedom to organize or 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.
Section 9:Private property shall not be taken for public use without just compensation.
 Taking –refers to not only to actual physical seizure or appropriation of the property but also to its destruction or
impairment.
 Salus Populi Suprema Est Lex-the welfare of the people is the supreme law
 Police Power-refers to as the power of the state to enact laws or regulations in relations to persons and property as may
promote public health , morals , public safety , and the general welfare and convenience of the people.
 Eminent Domain-the right or power of the state or of those to whom the power has been lawfully delegated to take
private property for public use upon paying to the owner a just compensation to be ascertained according to the law.
LIMITATIONS
 -Existence of Public Use-shall mean public benefit , public utility or public advantage or whatever is beneficially employed fro
the community
-Payment of Just Compensation-value shall be determined by the proper court based on the market value at the time of the
taking of the property
-Observance of Due Process of law in the taking- this requires that the owner shall have due notice and hearing in the
expropriation proceedings
Section 10: No law impairing the obligation of contracts shall be passed.
 Obligation of Contract-duty which binds the parties to perform their agreement according to its terms or intent, if it is not
contrary to law , morals , good customs , public order, or public policy.
 When does a contract become impaired?
When its terms or conditions are changed by law or by a party without consent of the other , thereby weakening the position or
rights of the latter.
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.
CONSTITUTIONAL RIGHTS OF THE ACCUSED
 Right to adequate legal assistance
 Right to be informed of his right to remain silent
 Right to be informed of the cause of the accusation
 Right against torture, force violence or any other means which vitiates the free will
 Right against being held secret, incommunicado or similar forms of solitary detention.
 Right to bail and against excessive bail
 Right to due process of law
 Right to presumption of innocence
 Right to be heard by himself and counsel
 Right to Speedy and impartial Public Trial
 Right to meet the witnesses face to face
 Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf
 Right against self-incrimination
 Right against detention by reason of political beliefs
 Right against excessive fines
 Right against cruel , degrading or inhuman punishment
 Right against infliction of the death penalty except for heinous crimes
 Right against double Jeopardy
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.
What is bail?
The security required by a court and given for that provisional or temporary release of a person who is in custody of the law
conditioned upon his appearance before any court as required under the conditions specified.
Note: bail cannot be available to one charged with capital offense or an offense punishable by reclusion perpetua

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.
When can the accused be absent in trial?
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
Note:a public trial is not a necessity one to which the whole public is admitted, but it is one which is open to all, as that of the
accused friends , relatives ,and others who may be inclined to watch the proceedings in order to see if justice is intelligently and
impartially administered.
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-an order issued by a court of competent jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place and to show sufficient cause for
holding in custody the individual so detained.
 As to cases of invasion or rebellion-the state has the right to hold in preventive imprisonment pending investigation and
trial of a person who plot against it or commit acts that endanger its very existence.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative
bodies.
The above provisions upholds the time honored tradition of speedy justice for as stated in the old dictum-justice delayed , justice
denied.
Section 17. No person shall be compelled to be a witness against himself.
This is a protection against self-incrimination which may expose a person to criminal liability.
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.
Involuntary Servitued-denotes a condition of enforced, compulsory service of one another.It includes the following;
Slavery-the state of entire subjection of one person to the will of another
Peonage-the voluntary submission of a person(peon) to the will of another because of his debt.
EXCEPTIONS
-Punishment of a crime
-civil or military service as required for the defense of the state
-injunctions requiring striking laborers to return to work pending settlement of a dispute
-exceptional services such as military and naval enlistment.
-Parents exercising authority over their children in the performance of a reasonable amount of work
-assistance in the protection of peace and order of the community or to help build or repair public highways and street
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.
-Debt- any liability to pay money arising out of contract , express ,or implied
-Poll Tax-is a tax of fixed amount imposed on individuals residing within a specified territory , whether citizens or not, without regard
to their property or the occupation in which they may be engaged
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.
Rights Against Double Jeopardy
Means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other
manner without the express consent of the accused , the latter cannot again be charged with the same or identical case.

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

Ex Post Facto Law-(the law having Retroactive Effect) is one which , operating retrospectively-
-makes an act criminal even committed before the passage of the law
-Aggravates a crime compared to when it was committed
-Changes the punishment and inflicts a greater punishment
-Alters the legal rules of evidence, and receives less testimony from what the law originally required as to the time the offense was
committed , in order to convict the offender.
Bill of Attainder-a legislative act which inflicts punishment without a judicial trial
Note:
If the punishment is less than the death , the act shall be called as bill of pains and penalties.
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
R.A 7438-an act defining certain rights of a person arrested, detained or under custodial investigation as well as the duties of the
arresting , detaining and investigating officers, and providing penalties for the violations thereof