CONSTITUTIONAL

AND CIVIL RIGHTS

CONSTITUTIONAL RIGHTS
 They are those rights that are conferred and
protected by the Constitution.

 Under the constitutional rights, we can find the

CIVIL RIGHTS.
CIVIL RIGHTS
 They are those rights which the law will enforce at
the instance of private individuals for the purpose
of securing to them the enjoyment of their means
of happiness.

 Basically refer to rights enjoyed to enable

individuals to undertake the everyday business
of life
MIRANDA RIGHTS
ARTICLE 3 SECTION 12
 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.
 No torture, force, violence, threat, intimidation, or
any other means which vitiate the free shall be
used against him. Secret detention places, solitary,
incommunicado or other similar forms of detention
are prohibited.
RIGHT TO BAIL
ARTICLE 3 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 securities, 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.
RIGHT TO DUE
PROCESS
ARTICLE 3 SECTION 14
 “Innocent until proven guilty”
 No person shall be held to answer for a
criminal offense without due process of law.

 Due process of law  Arraignments,

witnesses, closing arguments, counsel,
impartiality, jury of one’s peers, etc.
WRIT OF HABEAS
CORPUS
ARTICLE 3, 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 demanding to produce the body of a detained
prisoner
 Similarly demands that sufficient cause be shown for
keeping the individual in custody
 Limitations of the writ
 Rebellion or invasion
 RIGHT TO A
SPEEDY TRIAL
ARTICLE 3 SECTION 16
 All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.

 “Justice delayed is justice denied”

RIGHT AGAINST SELF
INCRIMINATION
ARTICLE 3 SECTION 17
 “No person shall be compelled to be
a witness against himself.”
 Affirms the right of the accused to
“remain silent”
 FREEDOM FROM
POLITICAL
PROSECUTION AND
FORCED LABOR
ARTICLE 3 SECTION 18
 No person shall be detained solely by reason of his
political beliefs and aspirations.

 No involuntary servitude in any form shall exist

except as a punishment for a crime whereof the
party shall have been duly convicted.
 RIGHT AGAINST EXCESSIVE
FINES
AND
RIGHT TO REASONABLE AND
HUMAN PUNNISHMENT
ARTICLE 3 SECTION 19
 Excessive fines shall not be imposed, not cruel,
degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.
 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.
DEBT AND TAX
ARTICLE 3, SECTION 20
 Freedom from debtor’s prisons
 Ensures one is not punished due to poverty
 State power should not be used to coerce payment of
debts
 Poll Tax
a fixed, residence tax

 No person shall be imprisoned for debt or

nonpayment of a poll tax.
 Poll Tax: Related to Article 3, Section 6 (Freedom
of abode)
 What will you do if a poor person cannot pay the
residence tax? Kick him out of the country?!
 Should not be abused: just because you won’t be
imprisoned for it doesn’t mean you shouldn’t pay
it if you can.
 DOUBLE
JEOPARDY
ARTICLE 3 SECTION 21
 no person shall be twice put in jeopardy
of punishment for the same offense.
 It only 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 consent of the accused, the
accused cannot again be charged with the
same or identical offense.
EX POST FACTO
LAW
ARTICLE 3 SECTION 22
 “No ex post facto law or bill of attainder shall be
enacted.”
 a law that retroactively changes the legal
consequences (or status) of actions committed or
relationships that existed prior to the enactment of
the law.