Bill Of Rights and

Constitutional Rights
 1
Bill of Rights
Article 3, 1987 Constitution
Bill of
Rights It is a declaration and enumeration of a
person’s rights and privileges which the
Constitution is designated to protect against
violation by the government.

The Bill of Rights governs the relationship

between the individual and the state.

3
Bill of
Rights Constitutional protection applies to government
action and is meant as a restraint against sovereign
authority. The Bill of Rights cannot be invoked
against acts of private individuals.

Violation of the Bill of Rights precisely as a

constitutional guarantee can be done only by public
officials. But almost all these liberties are also
guaranteed by Art. 32 of the Civil Code, thus making
private violations actionable even if the violation
does not have a constitutional consequence.
4
“ Sec. 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.

5
Sec. 1
Due Due process is a guaranty against any
Process arbitrariness on the part of the government.
Clause
Due process furnishes a standard to which the
governmental action should conform in order
that deprivation of life, liberty, or property, in
each appropriate case, be valid.

6
Sec. 1
Due 3 Human Rights Protected by the Due Process
Process Clause
Clause 1. Right to life;
2. Right to liberty; and
3. Right to property.

7
Sec. 1
Due Aspects of Due Process:
Process 1. Substantive Due Process – requires that the
Clause law itself must be fair, reasonable, and just.
2. Procedural Due Process – refers to the
procedures that the government must follow
before it deprives a person of life, liberty, or
property.

8
Sec. 1 Due process in Criminal Proceedings
Due 1. Accused is heard by a court of competent
Process jurisdiction;
Clause 2. Accused is proceeded against under the orderly
process of law;
3. Accused is given notice and opportunity to be
heard;
4. Judgment rendered is within the authority of a
constitutional law.

9
Sec. 1 Equal Protection of the Law
Equal It means that all persons or things similarly
Protection situated should be treated alike, both as to rights
Clause conferred and responsibilities imposed.

The equal protection clause does not require the

universal application of the laws on all persons or
things without distinction. What the clause
requires is equality among equals as determined
according to a valid classification.

10
Sec. 1 Requisites for Valid Classification
Equal 1. It must rest on substantial distinctions which
Protection make for real differences;
Clause 2. It must be germane to the purpose of the law;
3. It must not be limited to existing conditions only;
4. It must apply equally to all members of the same
class.

By classification is meant the grouping of persons or

things similar to each other in certain particulars
and different from all others in these same
11
particulars.
“ Sec. 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.

12
Sec. 2 Scope of Protection
1. Persons applies to every citizen of the Philippines
including aliens.
2. Houses not limited to dwelling but extends to a garage,
warehouse, shop, store, and even a safety deposit
vault.
3. Papers and effects include sealed letters and packages
in the mail which may be opened and examined only in
pursuance of a search warrant.

This right is not absolute because it is a derogable right; this right

can be taken away if there is probable cause to issue a warrant of
arrest or search warrant. 13
Sec. 2 Zones of privacy are recognized and protected in
Right to our laws. Within these zones, any form of
Privacy – intrusion is impermissible unless excused by law
Concept and in accordance with customary legal process.
of Privacy

14
Sec. 2 To whom it is directed
Right Against the State; the right cannot be invoked
Against against a private individual.
Unlawful
Searches The protection against unlawful searches and
and seizures applies to governmental action.
Seizures
Who may invoke
The constitutional right against unreasonable
searches and seizures is a personal right, invocable
only by those whose rights have been infringed.
15
Sec. 2 Types of Warrants
Right 1. A Search Warrant is an order in writing, issued in
Against the name of the People of the Philippines, signed
Unlawful by a judge and directed to a peace officer,
Searches commanding him to search for personal property
and described therein and bring it before the court.
Seizures
Purpose: to gain evidence to convict.

16
Sec. 2 Types of Warrants
Right 2. A Warrant of Arrest is a written order issued and
Against signed by a judge directed to a peace officer or
Unlawful some other person specially named,
Searches commanding him to arrest the body of a person
and named in its, who is accused of an offense.
Seizures
Purpose: to acquire jurisdiction over the person of
the accused.

17
Sec. 2 1. Existence of Probable Cause
Requisites 2. Probable cause must be personally determined by
of a Valid the Judge
Warrant 3. After personal examination under oath or
affirmation of the complainant and the witnesses
he may produce
4. On the basis of their personal knowledge of the
facts they are testifying to
5. There must be particularity in the description of the
places to be searched and the persons or things to
be seized
6. The warrant must refer to one specific offense. 18
1. Probable Cause for Search Warrant:
Existence Such facts and circumstances which would lead a
of reasonably discreet and prudent man to believe that an
Probable offense has been committed and the objects sought in
Cause connection with the offense are in the place sought to
be searched.

Probable Cause for Warrant of Arrest

Such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that the
person to be arrested is probably guilty thereof.
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2. Probable
The judge must make an exhaustive and probing
cause must
examination of witnesses and the applicant in the
be
personally form of searching questions and answers, in
determined writing and under oath.
by the
Judge Such written deposition is necessary in order that
the Judge may be able to properly determine the
existence or non-existence of the probable cause,
to hold liable for perjury the person giving it if it
will be found later that his declarations are false.

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3. After
personal Oath
examination Any form of attestation that he is bound in
under oath or conscience to perform an act faithfully or truthfully.
affirmation of
the
complainant On the basis of their personal knowledge of the
and the facts they are testifying to
witnesses he The purpose of having personal knowledge by the
may produce
complainant and witnesses and the sufficiency of the
warrant is to convince the magistrate seeking the
issuance of the warrant that there is probable cause.

21
4. There must
be The requirement is primarily meant to enable the
particularity law enforcers serving the warrant to:
in the
description of Readily identify the properties to be seized
the places to and thus prevent them from seizing the wrong
be searched items;
and the
persons or Leave said peace officers with no discretion
things to be regarding the articles to be seized and thus
seized prevent unreasonable searches and seizures.

22
5. The General Warrant
warrant A general warrant is one that does not describe with
must particularity the things subject of the search and
refer to seizure or where probable cause has not been
one property established. It is a void warrant.
specific
offense A void arrest warrant would render the arrest
invalid and illegal.

23
Sec. 2 A search warrant may be issued for the
What may
search and seizure of personal property:
be
1. Subject of the offense
searched
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.

24
Sec. 2 The officers of the law are to seize only those
What may things particularly described in the search
be warrant. A search warrant is not a sweeping
searched authority empowering a raiding party to
undertake a fishing expedition to seize and
confiscate any and all kinds of evidence or articles
relating to a crime.

The search is limited in scope so as not to be

general or explanatory.

25
Sec. 2
Warrantless Exceptions to the warrant requirement; Valid
Searches warrantless searches:
1. Warrantless search incidental to a lawful
arrest;
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk;
7. Exigent and emergency circumstances. 26
1.
Warrantless A person lawfully arrested may be searched for
Searches dangerous weapons or anything which may be
incidental to used as proof of the commission of an offense,
a lawful without a search warrant.
arrest
Immediate area to the defendant’s person where
there are nearby weapons he could grab to attack
the officer or what he has in his pocket.

27
2. Plain Things seized are within plain view of a searching party.
View
Doctrine Requisites:
1. The law enforcement officer in search of the evidence
has a prior justification for an intrusion or is in a
position from which he can view a particular area;
2. The discovery of evidence in plain view is inadvertent;
3. It is immediately apparent to the officer that the item
he observes may be evidence of a crime, contraband,
or otherwise subject to evidence;

28
2. Plain Fruit of the Poisonous Tree Doctrine
View Posits that all evidence (fruit) derived from the
Doctrine illegal search (poisonous tree) must be
suppressed, whether it is obtained directly
through illegal search itself, or the use of
information that is actually obtained in illegal
search or through other illegal means.

Ex. Video or recording done without the consent of

both parties to the conversation cannot be used in
any proceeding by or against the other. 29
3. Search Securing a search warrant is not practicable since
of Moving the vehicle can be quickly moved out of the locality
Vehicles or jurisdiction in which the warrant must be sought.

Permissible if limited to the following:

1. Officer merely draws aside the curtain of a vacant
vehicle;
2. Officer simply looks into a vehicle;
3. Flashes a light without opening the car’s doors;
4. Occupants are not subjected to a body search;
5. Limited to visual search or visual inspection;
6. Routine check is conducted in a fixed area. 30
4. The right to be secure from unreasonable search
Consented
may be waived. Waiver may be express or implied.
Search
When one voluntarily submits to a search or
consents to have it made of his person/premises, he
is precluded from later complaining.

Requisites:
1. Must appear that right exists;
2. Person involved had actual or constructive
knowledge of the existence of such right;
3. Said person had an actual intent to relinquish the
right. 31
5.
Enforcement The police are allowed to conduct warrantless
of Fishing, searches on behalf of the Department of Customs.
Customs, and
Immigration
Law They are authorized to open and examine any box,
trunk, or other containers where he has
reasonable cause to believe that such items were
hidden from customs search.

Purpose of customs search: to verify whether or

not custom duties and taxes were paid for their
importation.
32
6. Stop and Test: Whether or not a reasonably prudent man in the
Frisk circumstances would be warranted in the belief that his
safety or that of others was in danger.

There is a justifiable cause to stop and frisk persons

who flee upon seeing law enforcement officers.

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6. Stop and Requisites:
Frisk 1. There must be specific and articulable facts which,
taken together with rational inferences, reasonably
warrant the intrusion.
2. The officer must identify himself and make reasonable
queries.
3. The frisk is permitted to search for weapons for the
protection of the police officer, where he has reason to
believe that he is dealing with an armed and
dangerous individual, regardless of probable cause for
a crime.
4. The scope of the search is limited to the outer surface
of the subject’s clothing. 34
7. Exigent and
Emergency The raid and seizure of firearms and ammunition
Circumstances at the height of the 1989 coup d’etat was held
valid, considering the exigent and emergency
situation. The military operatives had reasonable
ground to believe that a crime was being
committed, and they had no opportunity to apply
for a search warrant from the courts because the
latter were closed. Under such urgency and
exigency, a search warrant could be validly
dispensed with. (People v. De Gracia)

35
Sec. 2
Warrantless Valid Warrantless Arrests
Arrests and
1. In flagrante delicto;
Detentions
2. Hot Pursuit
3. Escaped Prisoners.

36
1. In A peace officer or a private person may,
flagrante
without a warrant, arrest a person, when,
delicto
in his presence, the person to be arrested
has committed, is actually committing, or
is attempting to commit an offense.

Citizen’s Arrest
Ex. A person is caught stealing money
from a sari-sari store
37
1. In Requisites:
flagrante 1. The person to be arrested must execute an overt
delicto act indicating that he has just committed, is
actually committing, or is attempting to commit
a crime; and
2. Such overt act is done in the presence or within
the view of the arresting officer.

Overt act– physical activity or deed indicating the

intention to commit a particular crime.

38
1. In Peace Officer – the officer shall inform the person
flagrante to be arrested of his authority and the cause of
delicto the arrest without a warrant.

Methods Private Person – the private person shall inform

of Arrest the person to be arrested of the intention to arrest
him and the cause of the arrest.

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1. In flagrante
delicto 1. When the person to be arrested is engaged in the
commission of an offense or is pursued
Instances immediately after its commission.
when the
giving of
information 2. When he has escaped, flees, or forcibly resists
is not before the officer has an opportunity to inform
applicable him; and

3. When the giving of such information will imperil

the arrest.

40
1. In
flagrante Peace Officer
delicto The arresting officer must comply with the
Obligation provisions of Art. 125 of the RPC or deliver
of the the person arrested to the judicial
arresting authorities.
person after
warrantless
arrest Otherwise, he may be held criminally liable
for arbitrary detention under Art. 124.

41
1. In
flagrante Period to Deliver
delicto The person arrested must be delivered to
Obligation the judicial authorities:
of the - Within 12 hours in case of light penalties;
arresting - Within 18 hours in case of correctional
person after
warrantless penalties;
arrest - Within 36 hours in case of afflictive or
capital penalties.

42
1. In
flagrante Private Person
delicto The private person must deliver the arrested
Obligation person to the nearest police station or jail,
of the otherwise, he may be held criminally liable
arresting for illegal detention.
person after
warrantless
arrest

43
Consequences
of Illegal 1. The documents, things, or articles seized
Arrests
following the illegal arrest are inadmissible
in evidence;
2. The arresting person may be held criminally
liable for unlawful arrest under Art. 269,
RPC;
3. Arresting officer may be held civilly liable for
the damages under Art. 32, NCC;
4. He may also be held administratively liable.

44
1. In Buy-Bust
flagrante
A buy-bust operation is a valid in flagrante
delicto
arrest. The subsequent search of the person
arrested and the premises within his
immediate control is valid as an incident to
a lawful arrest.

45
2. Hot pursuit (also known as fresh or immediate
Doctrine pursuit) refers to the urgent and direct pursuit
of Hot of a criminal suspect by law enforcement
Pursuit officers.
or Hot
Pursuit Section 5(B), Rule 113, of the Revised Rules of
Arrest Criminal Procedure.

46
2. When an offense has just been committed and
Doctrine he has probable cause to believe based on
of Hot personal knowledge of facts or circumstances
Pursuit that the person to be arrested has committed it.
or Hot
Pursuit There must be a large measure of immediacy
Arrest between the time the offense is committed and
the time of the arrest. If there was an
appreciable lapse of time between arrest and
commission of crime, warrant of arrest must be
secured. 47
2. Requisites:
Doctrine 1. An offense has just been committed; and
of Hot
Element of immediacy between time of
Pursuit commission of the crime and the time of
or Hot arrest, otherwise, a warrant of arrest must
Pursuit be secured.
Arrest
Jurisprudence: within 24 hours
2. The arresting officer has probable cause to
believe based on personal knowledge of facts
and circumstances that the person to be
48
arrested has committed it.
2. Requisites:
Doctrine 2. The arresting officer has probable cause to
of Hot believe based on personal knowledge of facts
Pursuit and circumstances that the person to be
or Hot arrested has committed it.
Pursuit It is also mandatory that the person making
Arrest the arrest must have personal knowledge of
certain facts indicating that the person to
be taken into custody has committed the
crime.
49
In Under Sec. 5(A), Rule 113, RRCP, the officer himself
flagrante witnessed the commission of the crime.
delicto vs. While in Sec. 5(B) of the same, the officer only
Hot knows for a fact that a crime has just been
Pursuit committed and he did not see it personally.

Same:
Obligation of the arresting officer after the
warrantless arrest;
Consequences of illegal arrest;
Period for officers to deliver the person detained
under Art. 125 of the RPC. 50
3. When the person to be arrested is a
Escaped
prisoner who has escaped from a penal
Prisoners
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 one
confinement to another.

51
Exclusionary
Rule All evidence obtained in violation of Sec.
2, Art. III shall be inadmissible for any
purpose in any proceeding.

The Fruit of the Poisonous Tree Doctrine.

Once the primary source (tree) is shown to
have been unlawfully obtained, any
secondary or derivative evidence (fruit)
derived from it is also inadmissible.
52
“ Sec. 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.

53
Sec. 3 The right to be left alone or to be free from undesired
Right to publicity without unwarranted interference by the
Privacy public in matters with which the public is not
necessarily concerned.

General Rule: The government cannot intrude into

the privacy of communication and correspondence.

Exceptions:
a. When the court allows the intrusion; and
b. When public safety and order so demands.
54
Sec. 3 Requisites of the existence of the right to privacy
Right to Subjective: A person has exhibited an actual expectation of
Privacy privacy; and
Objective: The expectation be one that society is prepared
to recognize as reasonable.

Forms of correspondence and communication covered:

Letters
Messages
Phone calls
Telegrams
55
Others analogous to the foregoing
Intrusion, General Rule: An encroachment on the right
when and
to privacy is invalid when there is a
how
allowed reasonable expectation of privacy and if there
is no compelling state interest.

When Allowed:
1. By lawful order of the court;
2. When public safety or public order requires
otherwise as may be provided by law.

56
1. By Probable cause in Sec. 2, Art. III should be followed
lawful for the court to allow intrusion. Particularity of
order of description is needed for written correspondence,
the court but if the intrusion is done through wire-taps and
the like, there is no need to describe the content.

However, identity of the person or persons whose

communication is to be intercepted, and the
offense or offenses sought to be prevented, and
the period of the authorization given should be
specified.
57
2. When
public safety In Ayer Productions Pty. Ltd. v. Capulong it was held
or public that the right to be let alone is not an absolute right. A
order limited intrusion to a person’s privacy has long been
requires regarded as permissible where that person is a public
otherwise as figure and the information sought to be elicited from
may be him or to be published about him constitute matters of
provided by
public character. The interest sought to be protected by
law
the right to privacy is the right to be free from
unwarranted publicity, from the wrongful publicizing
of the private affairs and activities of an individual
which are outside the realm of legitimate public
concern.
58
Sec. 3 Exclusionary Rule / Fruit of the Poisonous Tree
Right to Doctrine
Privacy
The exclusionary rule states that any evidence
unlawfully obtained is inadmissible as evidence
before the courts. This is based on Section 3(2),
Article III which provides that any evidence
obtained in violation of right to privacy of
communication or right to due process of law
shall be inadmissible for any purpose in any
proceeding.
59
“ Sec. 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.

60
Sec. 4
Concept
Freedom of
Free speech and free press may be identified with
Speech,
Expression, the liberty to discuss publicly and truthfully any
and of the matter of public interest without censorship and
Press punishment.
Limitations:
1. Slander – oral defamation damaging one’s
reputation
2. Libel – published false statements that damage
one’s reputation

61
Sec. 4 The right is not limited to vocal communication.
Freedom of
Conduct or symbolic speech is also included.
Speech,
Expression, Scope – expression and speech include:
and of the
1. Written or spoken words (recorded or not);
Press
2. Symbolic speech (wearing of armbands as a symbol
of protest);
3. Films and television programs.

While the right has a widespread scope, it is not

absolute. Examples of unprotected speech are
obscenity, child pornography, and libel. 62
Freedom of
Assembly The right to peaceably assemble and
petition for redress of grievances is,
together with freedom of speech, of
expression, and of the press, a right that
enjoys primacy in the realm of
constitutional protection.

63
“ Sec. 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. 64
Sec. 5
Non- Purpose
Establishment The twin clauses of free exercise and non-
and Free
Exercise
establishment express an underlying relational
Clauses concept of separation between religion and
secular government.
Non-Establishment Clause
It forestalls compulsion by law of the acceptance
of any creed or the practice of any form of
worship. Freedom of conscience and freedom to
adhere to such religious organization or form of
worship as the individual may choose cannot be
65
restricted by law.
Sec. 5
Non- Free Exercise Clause
Establishment It safeguards the free exercise of the chosen form
and Free
Exercise
of religion.
Clauses
Ex. Exemption from flag salute in school (Jehovah’s
Witness)

Freedom to believe and freedom to act on one’s

belief.
Freedom to believe is absolute, but freedom to act
on one’s belief is subject to regulation.
66
Sec. 5
Non- Religious Test
Establishment
and Free
Exercise
A legal requirement to swear faith to a specific
Clauses religion or sect, or to renounce the same.
The constitution expressly provides that “no
religious test shall be required for the exercise of
civil or political rights.”
Ex. Laws prescribing the religious qualification of
public officials, or employees, whether appointive
or elective, or of voters.

67
“ Sec. 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.
68
Sec. 6 Liberty of Abode and Travel
Liberty of
The right of a person to have his home in
Abode
and whatever place chosen by him and
Travel thereafter to change it at will, and to go
where he pleases, without interference
from any source, except in the interest of
national security, public safety, and
public health.

69
Sec. 6 Limitations
Liberty of Permissible interference – the right is disqualified by the

Abode clauses “except upon lawful order of the court” and “except in
the interest of national security, public safety, or public
and health.”
Travel
The liberty of abode may be impaired only upon lawful order of
the court and within the limits prescribed by law. With respect
to the right to travel, only a court may issue a hold departure
order against an individual addressed to the Bureau of
Immigration and Departure. However, administrative
authorities, such as passport-officers, may likewise curtail
such right in the interest of national security, public safety, or
public health, as may be provided by law.
70
“ 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 law.
71
Sec. 7
Scope of the right: This covers information on matters
Right to
Information of public concern.
Official records.
Documents pertaining to official acts.
Government research data used as basis for policy
development.

1. Requires demand or request required to gain

access.
2. Pertains to duty to permit access to information on
matters of public concern.
72
Sec. 7
Right to Matters of public concern in jurisprudence:
Information Loanable funds of GSIS;
Civil service eligibility of sanitarian
employees;
Appointments made to public offices and
the utilization of public property.
National board examinations such as the
CPA Board Exams.
Names of nominees of partylists.
73
Sec. 7
Right to Restrictions may be:
Information Based on kinds of information
Exempted information – privileged
information, military and diplomatic
secrets, information affecting national
and economic security, investigations
of crimes by law enforcers before
prosecution, offers exchanged during
diplomatic negotiations.
74
Sec. 7
Right to Restrictions may be:
Information Based on access
Based on reasonable regulation for the
convenience of and for order in the office
that has custody of the documents
Based on availability
This right is available only to citizens.

75
“ Sec. 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.

76
Sec. 8
Freedom to Scope
Associate The right is recognized as belonging to people
and whether employed or unemployed, and
Unionize
whether in the government or in the private
sector. It includes the right to unionize.

Freedom of association includes the freedom

not to associate, or, if one is already a
member, to disaffiliate from the association.

77
“ Sec. 9. Private property shall not
be taken for public use without
just compensation.

78
Sec. 9 The power of eminent domain is the
Eminent inherent right of the State to forcibly
Domain acquire needed property upon just
compensation, in order to devote it to the
intended public use.

Sec. 9 merely imposes a limit on the

government’s exercise of this power.

79
Sec. 9 Requisites for Valid Taking

Eminent Private Property

Domain Genuine necessity

For public use - public benefit, public utility, or public
advantage, or whatever is beneficially employed for 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.
80
“ Sec. 10. No law impairing the
obligation of contracts shall
be passed.

81
Sec. 10
Non- The non-impairment clause is limited in
impairment
of Contracts
application to laws that derogate from
prior acts or contracts by enlarging,
abridging, or in any manner changing the
intention of the parties.

82
Sec. 10
Non- This provision prohibits the passing of a law
impairment that changes the terms of an already existing
of Contracts
contract which:
Changes the terms of a contract between the
parties;
Imposes new conditions;
Dispenses with those agreed upon; or
Withdraws remedies for the enforcement of
the rights of the parties.

83
“ 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.

84
Sec. 11 The Constitution premised the free access
Free
clause on a person’s poverty, a condition
Access to
Courts from which only a natural person can
suffer. Extending fee exemption to a
juridical person may be prone to abuse by
corporations and entities bent on
circumventing the rule.

85
Sec. 11 Indigent party
Free If the court, upon an ex parte application and
Access to hearing, is satisfied that the party is one who has
Courts no money or property sufficient and available for
food, shelter, and basic necessities for himself
and his family.

Such authority shall include an exemption from

payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court
may order to be furnished to him.
86
“ Sec. 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.
87
“ Sec. 12. (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.

88
“ Sec. 12. (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. 89
Sec. 12
Custodial Miranda Warning
Investigation The person under custodial investigation must be
Rights informed that:
1. He has a right to remain silent and that any
statement he makes may be used as evidence
against him;
2. That he has a right to have competent and
independent counsel of his choice;
3. That he has a right to be informed of the first two
rights.

90
Sec. 12
Custodial Miranda Rights
Investigation These are the rights to which a person under
Rights custodial investigation is entitled.

When do these rights become available?

During custodial investigation or as soon as the
investigation ceases to be a general inquiry unto
an unsolved crime and direction is aimed upon a
particular suspect, as when the suspect who has
been taken into police custody and to whom the
police would then direct interrogatory questions
91
which tend to elicit incriminating statements.
Sec. 12
Custodial Custodial Investigation
Investigation Section 2 of R.A. 7438 provides that
Rights
custodial investigation shall include the
practice of issuing an invitation to a
person who is under investigation in
connection with an offense he is
suspected to have committed.

Involves any questioning initiated by law

enforcement. 92
Sec. 12
Custodial Custodial Investigation
Investigation When the investigation is no longer a
Rights
general inquiry unto an unsolved crime
but has begun to focus on a particular
suspect, as when the suspect has been
taken into police custody and the police
carries out a process of interrogation that
lends itself to eliciting incriminating
statements. (People v. Mara)
93
Sec. 12
Requisites
Custodial
Investigation Effective communication by the investigator of the
Rights rights of the accused.

Right to Remain Silent

The warning is needed simply to make the person under
custodial investigation aware of the existence of the right.
It must be accompanied by the explanation that anything
said can and will be used against the individual in court.
This warning is needed in order to make him aware not
only of the privilege to remain silent, but also of the
consequences of forgoing it.
94
Sec. 12
Custodial Right to Counsel
Investigation Any person arrested, detained, or under custodial
Rights investigation shall at all times be assisted by
counsel. (Sec. 2, R.A. 7438)
Competent and independent counsel preferably of
the suspect’s own choice.
Request for assistance of counsel before any
interrogation cannot be ignored or denied by
authorities. Not only right to consult with an
attorney but right to be given a lawyer to
represent him if he’s indigent.
95
Sec. 12
Custodial Rights to Visitation and Conference
Investigation Any person arrested or detained or under
Rights custodial investigation shall be allowed visits by
or conferences with any member of his immediate
family, or any medical doctor or priest or religious
minister chosen by him or by any member of his
immediate family or by his counsel, or by any
national non-governmental organization duly
accredited by the Commission on Human Rights
or by any international non-governmental
organization duly accredited by the Office of the
96
President.
Waiver What can be waived?
Right to remain silent;
Right to counsel.

What cannot be waived?

Right to be given the Miranda warnings.

Rule on Waiver
Must be in writing;
Made in the presence of counsel.

97
“ Sec. 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. 98
Sec. 13 Bail
Right to The security required by a court and given for
Bail 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.

The right to bail is available to persons detained

or under custody of the law either when he has
been arrested or has surrendered himself or
herself to the jurisdiction of the court. 99
Sec. 13 Bail
Right to The purpose of bail is to guarantee the
Bail appearance of the accused at the trial, or
whenever so required by the Court.

The amount should be high enough to assure

the presence of the accused when required but
no higher than is reasonably calculated to fulfill
his purpose.

100
Sec. 13 Basis of Right: Presumption of Innocence
Right to
Bail When Available
General Rule: From the very moment of arrest
(which may be before or after the filing of
formal charges in court) up to the time of
conviction by final judgment (which means
after appeal).

101
Sec. 13 Who may avail: All persons under custody of
Right to the law.
Bail
Who are not entitled to bail?
Persons charged with offenses punishable
by reclusion perpetua or death, when the
evidence of guilt is strong
Persons convicted by the trial court
Persons who are members of the AFP facing
a court martial. 102
Bail as a If a person is charged with an offense not punishable
Matter by reclusion perpetua or life imprisonment, or death.
of Right (Sec. 4, Rule 114, Rules of Court) All persons in custody
shall be admitted to bail as a matter of right, with
sufficient sureties, or be released on recognizance as
prescribed by law or the Rules of Court:
Before or after conviction by the municipal
trial court (MTC); and
Before conviction of the regional trial court
(RTC) of an offense not punishable by death,
reclusion perpetua, or life imprisonment. 103
Bail, when
discretionary Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or
life imprisonment, bail becomes
discretionary. The court, on application,
may admit the accused to bail. The court, in
its discretion, may allow the accused to
continue on provisional liberty after the
same bail bond during the period to appeal
subject to the consent of the bondsman.
104
Bail, If the penalty imposed by the trial court is
when imprisonment exceeding six (6) years, but not more
denied than 20 years, the accused shall be denied bail, or his
bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following
or other similar circumstances:
1. That he is a recidivist, quasi-recidivist, or habitual
delinquent, or has committed the crime aggravated
by the circumstance of reiteration;
2. That he has previously escaped from legal
confinement, evaded sentence, or violated the
conditions of his bail without valid justification; 105
Bail, 3. That he committed the offense while
when under probation, parole, or conditional
denied pardon;
4. That the circumstances of his case
indicate the probability of flight if
released on bail; or
5. That there is undue risk that he may
commit another crime during the
pendency of the appeal.
106
Bail, Recidivism – one who, at the time of his trial
when for one crime, shall have been previously
denied been convicted by final judgment of another
crime embraced in the same title of the RPC.

Quasi-Recidivism – Any person who shall

commit a felony after having been convicted
by final judgment, before beginning to serve
such sentence, or while serving the same.
107
Bail, Reiteracion
when Requisites:
denied 1. Offender is on trial for an offense.
2. He previously served sentence for:
1. Another offense to which the law
attaches equal or greater penalty; or
2. 2 or more crimes to which it attaches
lighter penalty than that for the new
offense.
3. Offender is convicted of the new offense. 108
Bail, Habitual Delinquency
when Requisites:
denied 1. Offender has been convicted of any of the
crimes of Theft, Falsification, Serious or Less
Serious Physical Injuries, Robbery, Estafa (T-
FIRE);
2. After conviction of after serving his sentence,
he again committed, and within 10 years from
his release or first conviction, he was again
convicted of any of the said crimes for the 2nd
time. 109
Bail, 3. After his conviction of, or after serving
when sentence for the second offense, he again
denied committed, and within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the 3rd time
or oftener.

110
Sec. 13 Whether bail is a matter of right or
Right to discretion, reasonable notice of hearing is
Bail required to be given the prosecutor, or at
least he must be asked for his
recommendation because in fixing the
amount of bail, the judge is required to take
into account a number of factors.

111
“ Sec. 14. (1) No person shall be held
to answer for a criminal offense
without due process of law.

112
“ (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. 113
Sec. 14 In criminal proceedings, due process is satisfied
Criminal if the accused is informed as to why he is
Due proceeded against and what charge he shall
Process meet, with his conviction being made to rest on
evidence that is not tainted with falsity after full
opportunity for him to rebut it and the sentence
being implied in accordance with a valid law. It
is assumed, of course, that the court that
rendered the decision is one of competent
jurisdiction. (Mejia v. Pamaran)
114
Sec. 14 Requisites:
Criminal 1. Accused is heard by a court of competent
Due jurisdiction;
Process 2. Accused is proceeded against under the
orderly process of law;
3. Accused is given notice and opportunity to
be heard; and
4. Judgment rendered is within the authority of
a constitutional law.

115
Sec. 14 1. Presumption of innocence;
Rights 2. Right to be heard by himself and counsel;
of the 3. Right to be informed of the nature and cause
Accused of accusation;
4. Right to speedy, impartial, and public trial;
5. Right to meet the witnesses face-to-face;
6. Right to compulsory process to secure
attendance of witness and production of
evidence;
7. Trial in absentia.
116
1.
Presumption The presumption of innocence in favor of
of Innocence
the accused imposes upon the People of
the Philippines, as the plaintiff in criminal
cases, to prove beyond reasonable doubt
not only each element of the crime but
also the identity of the accused as the
criminal. (People v. Espera)

117
1.
Presumption Equipoise Rule – where the evidence adduced by the
of Innocence parties is evenly balanced, the constitutional
presumption of innocence should tilt the balance in
favor of the accused.

The application of the rule is triggered by a situation

where:
1. The court is faced with conflicting versions of the
prosecution and the defense; and
2. The evidence, facts, and circumstances are capable of
two or more explanations, one of which is consistent
with the innocence of the accused and the other
consistent with his guilt. 118
1.
Presumption Proof Beyond Reasonable Doubt
of Innocence Does not mean such a degree of proof, excluding possibility
of error, produces absolute certainty. Moral certainty only
is required, or that degree of proof which produces
conviction in an unprejudiced mind. (Sec. 2, Rule 133, ROC)

In order that circumstantial evidence may warrant

conviction, the following requisites must concur:
1. There is more than one circumstance;
2. The facts from which the inferences are derived from
are proven; and
3. The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt. 119
2. Right to be
heard by Sec. 14 (2), Art. III – In all criminal prosecutions, the
himself and accused shall be presumed innocent until the contrary
counsel is proved, and shall enjoy the right to be heard by
himself and counsel.

Sec. 12 (1), Art. III – 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. 120
2. Right to be
heard by It means that the accused is amply accorded legal
himself and assistance extended by a counsel who commits
counsel himself to the cause of the defense and acts
accordingly. It is an efficient and truly decisive
legal assistance, and not simply a perfunctory
representation. (People v. Bermas)

This constitutional right includes the right to

present evidence in one’s defense, as well as the
right to be present and defend oneself in person
at every stage of the proceedings. =
121
3. Right to be
informed of Entitles the defendant to insist that the
the nature indictment apprise him of the crime charged with
and cause of such reasonable certainty that he can make his
accusation
defense and protect himself after judgment
against another prosecution on the same charge.

Procedural due process requires that the accused

must be informed why he is being prosecuted and
what charge he must meet.

122
4. Right to
speedy, Sec. 16, Art. III – All persons shall have the right to
impartial, and a speedy disposition of their cases before all
public trial judicial, quasi-judicial, or administrative bodies.

Speedy – free from vexatious, capricious, and

oppressive delays
Impartial – accused is entitled to cold
neutrality of an impartial judge, one who is
free from interest or bias
Public – in order to prevent possible abuses
which may be committed against the accused 123
4. Right to
speedy, The right to speedy disposition of cases is not
impartial, and limited to the accused in criminal proceedings but
public trial extends to all parties in all cases, be it civil or
administrative in nature, as well as all
proceedings, either judicial or quasi-judicial.
(Coscolluela v. Sandiganbayan)

A criminal case may be dismissed for violation of

a person’s right to speedy disposition of cases.

124
5. Right of
confrontation This is the basis of the right to cross-
or right to
meet the
examination.
witnesses
face-to-face
Two-fold purpose:
To afford the accused an opportunity
to test the testimony of a witness by
cross-examination; and
To allow the judge to observe the
deportment of the witness
125
6. Right to
compulsory In connection with this right, the accused may
process to move the court for the issuance of a subpoena ad
secure testificandum or subpoena duces tecum pursuant
attendance of
witness and to the provisions of Rule 21 of the Rules of Court.
production of
evidence In case of the unjustified failure of the witness to
comply, the court or judge issuing the subpoena,
upon proof of the service of such subpoena and
proof of his failure to attend, may issue a warrant
for his arrest.

126
6. Right to
compulsory Subpoena is a process directed to a person
process to requiring him to attend and to testify at the
secure hearing or trial of an action or at any
attendance of
witness and investigation conducted under the laws of the
production of Philippines, or for the taking of his deposition.
evidence
Subpoena ad testificandum – used to compel a
person to testify
Subpoena duces tecum – used to compel the
production of books, records, things, or
documents therein specified.
127
7. Trial in
Requisites – when can trial in absentia be done?
absentia
1. Accused has been validly arraigned;
2. Accused has been duly notified of the dates of
hearing;
3. Failure to appear is unjustified;

Consequences of the Accused’s failure to appear for

trial – waiver of right to cross-examine and present
evidence.

128
“ Sec. 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.

129
Sec. 15 Writ of habeas corpus – an order issued by a court
Privilege of competent jurisdiction, directed to the person
of the detaining another, commanding him to produce

Writ of the body of the prisoner at a designated time and

place, and to show sufficient cause for holding in
Habeas custody the individual so detained.
Corpus
It extends to all cases of illegal confinement or
detention by which any person is deprived of his
liberty, or by which the rightful custody of any
person is withheld from the one entitled thereto.
130
Sec. 15 Privilege of the writ of habeas corpus – it is the
Privilege right to have an immediate determination of
of the the legality of the deprivation of physical
Writ of liberty.

Habeas When may the privilege of the writ be suspended?

Corpus The privilege of the writ may be suspended by the
President, provided that the following requisites
are present:
- Existence of actual invasion or rebellion;
- Public safety requires the suspension. 131
Sec. 15 As to cases of invasion or rebellion: the
Privilege State has the right to hold in preventive
of the imprisonment pending investigation and
Writ of trial of a person who plot against it or
Habeas commit acts that endanger its very
Corpus existence.

132
“ Sec. 16. All persons shall have the right
to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.

133
Sec. 16 This provision upholds the time-honored
Right to tradition of speedy justice for as stated in
Speedy the old dictum – justice delayed, justice
Trial denied.

A speedy trial basically means that the

defendant is tried for the alleged crimes
within a reasonable time after being
arrested.
134
Sec. 16 The right to a speedy disposition of a case,
Right to like the right to a speedy trial, is deemed
Speedy violated only when the proceeding is
Trial attended by vexatious, capricious, and
oppressive delays.

Unjustified postponements

135
“ Sec. 17. No person shall be
compelled to be a witness
against himself.

136
Sec. 17
Right Against The right against self-incrimination secures to a
Self- witness, whether he/she is a party or not, the
Incrimination right to refuse to answer any particular
incriminating question.

When is a question incriminating?

A question tends to incriminate when the answer
of the accused or the witness would establish a
fact which would be a necessary link in a chain of
evidence to prove the commission of a crime by
the accused or the witness.
137
Sec. 17
Right Against This constitutional privilege has been defined as a
Self- protection against testimonial compulsion, but
Incrimination this has since been extended to any evidence
“communicative in nature” acquired under
circumstances of duress. (People v. Olvis)

What is prohibited is the use of physical or moral

compulsion to extort communication from the
witness or to otherwise elicit evidence which
would not exist were it not for the actions
compelled from the witness.
138
Sec. 17
Right Against Exclusions
Self-
Incrimination
An accused may be compelled to be
photographed or measures, his garments
may be removed, and his body may be
examined.
Pregnancy tests for women accused of
adultery;
Tracing of one’s foot to determine its
identity with bloody footprints.
139
Right Against
Self-
Incrimination Accused Ordinary Witness
Cannot be compelled by May be compelled to
subpoena; s/he can refuse testify and invoke the
to testify altogether. right only against each
question requiring an
incriminating answer.
If the witness is the
accused, he may totally
refuse to take the stand.

140
Sec. 17
Right Against Effects of Denial of Privilege
Self- Exclusionary Rule (under Sec. 17, Art. III in
Incrimination
relation to Sec. 12) – when the privilege against
self-incrimination is violated outside of court
(ex. Police), then the testimony is inadmissible.

Ousted of jurisdiction – when the privilege is

violated by the Court itself, that is, by the judge,
the court is ousted of its jurisdiction, and all its
proceedings, and even judgment are null and
void. 141
Sec. 17
Immunity By voluntarily offering to give information on
Statutes the commission of a crime and to testify
against the culprits, a person opens himself to
investigation and prosecution if he himself had
participated in the criminal act. To secure his
testimony without exposing him to risk of
prosecution, the law recognizes that the
witness can be given immunity from
prosecution. (Quarto v. Ombudsman)

142
Sec. 17
Immunity Transactional Immunity
Statutes Grants immunity to witnesses from prosecution
for an offense to which his compelled testimony
relates. Known as the blanket or total immunity
because it is broader in scope, it completely
protects the witness from future prosecution for
crimes related to his testimony.

143
Sec. 17
Immunity Use or Derivative Use Immunity
Statutes Prohibits use of a witness’ compelled testimony and its
fruits in any manner in connection with the criminal
prosecution of the witness.

This kind of immunity, however, does not prevent the

prosecution from presenting independent evidence against
the witness.

If the prosecution has other evidence substantiating the

supposed crime independently of the witness’ testimony,
the witness may then be prosecuted for the crime.
144
“ Sec. 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.
145
Sec. 18
Right Involuntary Servitude
Against
Involuntary It is a condition where one is compelled
Servitude
by force, coercion, or imprisonment, and
against his will, to labor for another,
whether he is paid or not.

General Rule: No involuntary servitude shall

exist.
146
Sec. 18 Exceptions:
Right Punishment for a crime for which the party has been
Against duly convicted
Involuntary Civil or military service as required for citizens for the
Servitude 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
Assistance in the protection of peace and order of the
community or to help build or repair public highways
and streets
147
“ Sec. 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. 148
“ Sec. 19. (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.

149
Sec. 19
A fine is considered excessive when it is clearly shown
Right
that the nature of the violation compared with the fine
Against
is disproportionate or if it exceeds the utmost limit of
Excessive
Fines and the punishment which the vindication of what the law
Cruel or demands. (US v. Valera)
Inhuman
Punishment The cruelty against which the Constitution protects the
convicted man is cruelty inherent in the method of
punishment, not the necessary suffering involved in
any method employed to extinguish life humanely.
(Echegaray v. Secretary of Justice)

150
Sec. 19
When is a penalty cruel and inhuman?
Right
Against
Excessive If it involves torture or lingering suffering.
Fines and
Cruel or When is a penalty degrading?
Inhuman
Punishment
If it exposes a person to public humiliation.

151
“ Sec. 20. No person shall be
imprisoned for debt or non-
payment of a poll tax.

152
Sec. 20
Right Debt
Against Any liability to pay money arising out of
Excessive contract, express or implied.
Fines and
Cruel or
Inhuman Poll Tax
Punishment 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. (ex. Cedula)
153
Sec. 20
Right A tax is not a debt since it is an obligation
Against arising from law. Hence, its non-payment
Excessive may be validly punished with imprisonment.
Fines and
Only poll tax is covered by the constitutional
Cruel or
Inhuman provision.
Punishment
If an accused fails to pay the fines imposed
upon him, this may result in his subsidiary
imprisonment because his liability is ex
delicto and not ex contractu.
154
“ Sec. 21. No person shall be twice put
in jeopardy of punishment of 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.
155
Sec. 21
When a person is charged with an offense and the case
Right
is terminated either by acquittal or conviction or in any
Against
other manner without the express consent of the
Double
Jeopardy accused, the latter cannot again be charged with the
same or identical case.

The rationale of this right is that the full power of the

state is ranged against the accused. If there is no limit
to attempt to prosecute the accused for the same
offense after he has been acquitted, the infinite power
and capacity of the state for a sustained and repeated
litigation would eventually overwhelm the accused in
terms of resources, stamina, and the will to fight. 156
Sec. 21
Right Requisites
Against
Double 1. First jeopardy attached prior to the second;
Jeopardy
2. First jeopardy must have been validly
terminated;
3. Second jeopardy must be for the same
offense or the second offense includes or is
necessarily included in the first offense, or is
an attempt or frustration thereof.

157
Sec. 21
Right For the first jeopardy to attach, a previous case
Against must be filed and must contain the following:
Double
Jeopardy
1. A valid complaint or information;
2. Filed before a competent court;
3. In this court, the accused has pleaded and is
validly arraigned;
4. The accused was previously acquitted or
convicted or the case dismissed or otherwise
terminated without his express consent.
158
Sec. 21
Right Then, a subsequent complaint or information
Against was filed containing a crime that is:
Double
Jeopardy
1. The same offense;
2. An attempt to commit the said offense;
3. A frustration of the said offense;
4. Any offense which necessarily includes the
first offense charged;
5. Any offense which is necessarily included in
the first offense charged.
159
Sec. 21
Two types of double jeopardy:
Right
Against 1. Prosecution for the same offense
Double 1. Same offense charged;
Jeopardy 2. Attempt of the same offense;
3. Frustration of the same offense;
4. Offense necessarily included in the 1st offense
(all elements of 2nd constitute some elements of
1st)
5. Offense that necessarily includes the 1st offense
(all elements of 1st constitute some elements of
2nd) 160
Sec. 21
Right Two types of double jeopardy:
Against
Double
Jeopardy
2. Prosecution for the same act
1. If punished by law and at the same
time punished by an ordinance;
2. There is conviction or acquittal under
either.

161
Sec. 21
Right Limitations; Exceptions to the Rule on
Against Double Jeopardy
Double
Jeopardy
1. Supervening Event
The graver offense developed due to
supervening facts arising from the same act
or omission constituting the former charge.
(Ex. A person convicted of physical injuries
may still be prosecuted for homicide if the
victim dies later.) 162
Sec. 21
Right 2. Newly Discovered Event
Against The facts constituting the graver charge become
Double known or were discovered only after the filing of
Jeopardy
the former complaint or information.

2. Defective Plea Bargain

The plea of guilty to the lesser offense was made
without the consent of the fiscal and the
offended party, except as provided in Sec. 1(f) of
Rule 116.
163
“ Sec. 22. No ex post facto
law or bill of attainder
shall be enacted.

164
Sec. 22
Ex-Post Ex post facto law – the law having
Facto Law retroactive effect is one which, operating
and Bill of
Attainder retrospectively:
Makes an act criminal even when
committed before the passage of a law
Aggravates a crime compared to when it
was committed
Changes the punishment and inflicts a
greater punishment
165
Sec. 22
Alters the legal rules of evidence, and receives less
Ex-Post
Facto Law testimony from what the law originally required as
and Bill of to the time the offense was committed, in order to
Attainder convict the offender
Assumes to regulate civil rights and remedies only.
In effect imposes a penalty or deprivation of a right
for something which when done was lawful
Deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or
a proclamation of amnesty
166
Sec. 22
Ex-Post Bill of attainder
Facto Law A legislative act which inflicts punishment
and Bill of without a judicial trial, its essence being the
Attainder
substitution of legislative fiat for a judicial
determination of guilt.

Note: if the punishment is less than death,

the act shall be called as bill of pains and
penalties.

167
Sec. 22
Ex-Post Elements of a Bill of Attainder
Facto Law There must be a law.
and Bill of The law imposes a penal burden on a named
Attainder
individual or easily ascertainable members of
a group.
There is a direct imposition of penal burden
without judicial trial.

168
Constitutional Rights

2
of the Accused
Constitutional
Rights of the 1. Right to be informed of his right to remain
Accused silent and to have counsel (Sec. 12(1))
2. Right to be informed of the cause and nature
of accusation (Sec. 12(2))
3. Right against torture, force, violence, or any
other means which vitiates the free will (Sec.
12(2))
4. Right against being held secret,
incommunicado, or similar forms of solitary
detention (Sec. 12(2))
170
Constitutional
Rights of the 6. Right to bail and against excessive bail (Sec. 13)
Accused 7. Right to due process of law (Sec. 14)
8. Right to presumption of innocence (Sec. 14(2))
9. Right to be heard by himself and counsel (Sec.
14(2))
10. Right to speedy and impartial public trial (Sec.
14(2))
11. Right to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf (Sec. 14(2))
171
Constitutional
Rights of the 11. Right against self-incrimination (Sec. 17)
Accused
12. Right against detention by reason of
political beliefs (Sec. 18(1))
13. Right against excessive fines (Sec. 19(1))
14. Right against cruel, degrading, or
inhuman punishment (Sec. 19(1))
15. Right against infliction of the death
penalty except for heinous crimes
16. Right against double jeopardy (Sec. 21)
172
Constitutional and
Legal Bases of Human

3
Rights Protection
Constitutional
and Legal The promotion and protection of human
Bases of
Human Rights rights are part of our constitutional and
Protection legal framework:

The Government exists to maintain peace

and order, and protect life, liberty, and
property, as well as promote the general
welfare of the people. (1987 Philippine
Constitution Articles 2 and 3, Sections 4-5)
174
Constitutional
and Legal The State is responsible for promoting social
Bases of justice and recognizes the value of human
Human Rights
Protection dignity and respect for human rights. (1987
Philippine Constitution Articles 2 and 3, Sections
10-11)

The State recognizes and promotes the rights of

indigenous cultural communities within the
framework of national unity and development.
(1987 Philippine Constitution Articles 2 and 3,
Sections 22) 175
Constitutional
and Legal The state recognizes, promotes, and protects the
Bases of rights of all citizens as defined in the Bill of Rights.
Human Rights
Protection
(1987 Philippine Constitution Articles 2 and 3,
Sections 1-22)
Congress shall give the highest priority to the
enactment of measures that protect and enhance
the rights of all people to human dignity, reduce
social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing
wealth and political power for the common good.
(1987 Philippine Constitution Article 13, Section 1)
176
Constitutional
and Legal The state shall defend the rights of children to
Bases of assistance, including proper care and nutrition,
Human Rights
Protection
and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions
prejudicial to their development. (1987 Philippine
Constitution, Article 15, Sec. 3)

Other parts of the 1987 Philippine Constitution and

laws such as R.A. 7438, R.A. 9262, and R.A. 9344
exist to promote and protect the rights of persons
in all sectors of Philippine society.
177