politics and governance with constitution ;)

1. BILL OF RIGHTS
Article 3
Lecture 5: (Finals)
Prepared by Raizza Corpuz

2. “It is better to free the guilty
than to imprison the innocent
one”

3. Bill of Rights
Section 1-11: It focuses on the RIGHTS
of the PEOPLE
Section 12-22: Rights of the accused,
an implication of historical array during Martial
Law ( 1987 Constitution)

4. Bill of rights:
• designed to preserve the ideals of liberty,
equality and security against the assaults of
opportunism, (PBM Employees Organization v.
Phil. Blooming Mills, 51 SCRA 189 (Nachura,
2009)
Civil Rights- belong to everyone
Political Rights- to participate directly or
indirectly.

5. • A bill of rights may be defined as a declaration
and enumeration of a person’s rights and
privileges which the Constitution is designed to
protect against violations by the government,
or by an individual or groups of individual.
Concept :
Its basis is the social importance accorded to the
individual in a democratic or republican state,
the belief that every human being has intrinsic
dignity and worth which must be respected and
safeguarded.

6. SECTION 1:
No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be
SECTION denied the equal 1
protection of the laws.
ANALYSIS:
Right to LIFE, LIBERTY and PROPERTY,:
1.“Any deprivation of life, liberty, and property by the
State is with due process if it is done (1) under the
authority of a law that is valid or of Constitutional
itself, and (2) after compliance with fair and
reasonable methods of procedure prescribed by law.”
2.The term “person” in section 1 embraces all
persons within the territorial jurisdiction of the
Philippines, without regard to any difference of race,
color, or nationality, including aliens.

7. Natural person refers to a real human being.
Juridical person
A juristic or juridical person ( fictitious
persons, lat. persona ficta) is an artificial entity
through which the law allows a group of natural
persons to act as if it were a single composite
individual for certain purposes, or in some
jurisdictions, for a single person to have a
separate legal personality other than their own.
• Example: CORPORATIONS

8. This legal fiction does not mean these entities are
human beings, but rather means that the law
recognizes them and allows them to act as
natural persons for some purposes—most
commonly lawsuits, property ownership, and
contracts.
The concept goes by many names, including
corporate personhood. A juristic person is
sometimes called a legal person, artificial
person, or legal entity (although the last term is
sometimes understood to include natural
persons as well).

9. Life, as protected by due process of law, means something
more than mere animal existence. The prohibition
against its deprivation without due process extends to all
the limbs and faculties by which life is enjoyed
Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint. It also embraces
the right of man to use his faculties with which he has
been endowed by his Creator subject only to the
limitations that he does not violate the law or rights of
others.
Property, as protected by due process of law, may refer to
the thing itself or to the right over a thing. The
constitutional provision, however, has reference more to
the rights over the thing. It includes the right to own, use,
transmit and even to destroy, subject to the right of the
State and of other persons.

10. •Equal protection of the laws
signifies that “all persons subject to legislation
should be treated alike, under like circumstances
and conditions both in the privileges conferred
and liabilities imposed.”

11. 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.

12. The purpose of Section-II is to protect the
privacy and the sanctity of the person and of
his house and other possessions (papers,
documents, effects, etc.) found therein against
arbitrary intrusions by agents of the state.

13. The written order to take a person in
custody in order that he may be bound
to answer for the commission of an
offense, is called a warrant of arrest.
Search Warrant – is an order in
writing, issued in the name of the people
of the Republic of the Philippines, signed
by a judge and directed to a peace
officer, commanding him to search for a
certain personal property and bring it
before the court.

14.  A Valid Search Warrant and warrant of Arrest
must have Probable Cause.
Probable Cause – means there are facts and
circumstances attending the issuance of
warrant sufficient to induce a prudent and
cautious judge to rely on them.
 The Probable Cause must be determined personally by the judge.
 The Warrant must particularly describe the place to be searched,
or the person or things to be seized.

15. W•Thoh eis sJuUe DanGd Ese rivses uWea rar awnta ?rrant
of arrest or the search warrant.
•The POLICE OFFICER serve
a warrant arrest or the search
warrant.

16.  Search and Seizures can be made without
Warrant in the following instances:
a. When there is consent or waiver – that is if a
Peace Officer has been granted consent to enter the
premise of another for the purpose of search and
seizure;
b. Where search is an incident to a lawful
arrest – say, a pickpocket caught in flagrante
delicto, can be searched for his loot;
c. When an officer making the search has
reasonable cause to conduct it in a vehicle
believed to be containing contraband or
forfeited goods – because the vehicle can get
away before a warrant is secured.
d. When the possession of articles prohibited
by law is disclosed to plain view (plain view
rule)

17. plain view doctrine
Example:
apoliceman stops a motorist for a minor traffic
violation and can see in the car a
pistol or a marijuana plant on the back seat, giving
him "reasonable cause" to enter
the vehicle to make a search

18. ▫ A private individual can arrest a criminal even
without warrant, this is called “CITIZEN ARREST”.
Warrantless Arrest
Warrantless Arrest is allowed under the following
circumstances:
1.Flagrante Delicto (Caught in the Act);--
2.Hot Pursuit Operation;
3.Arrest of Fugitive.

19. 1. Flagrante Delicto (Caught in the Act);--
-----Person to be arrested has committed, is
actually committing, is attempting to commit
an offense
2. Hot Pursuit Operation;
----- Arrest takes effect when a crime has just in fact been committed
and the arresting officer or private individual has probable cause
to believe based on personal facts or circumstances that the
person to be arrested has committed it.
3. Arrest of Fugitive
----- When a person to be arrested is a prisoner who escaped from a
penal establishment or place where he is serving final judgment
or temporarily confined while his case is pending or has escaped
while being transferred from one confinement to another.

20. Section 3
• 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.”
Explanation:
Every person has the right to keep his communication
or correspondence a secret. His communication with
others by phone or by letter is a personal or private
matter that nobody should intrude upon.
But this right can be lawfully suspended upon order of
the court if the safety and security of the people is at
stake.

21. EXEMPLIFIED ILLUSTRATION
• A telephone conversation between two (2) drug
pushers secretly recorded by police officers by
tapping its wire without court order is not
acceptable.
• As evidence in court due to the privacy of
communication enshrined in the Philippine
Constitution. However, recording of
conversation through telephone extension is not
a violation of the Anti-Wire Tapping Law.

22. 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.”
Filipino Translation:
▫ Hindi dapat magpatibay ng batas na nagbabawas sa
kalayaan sa pananalita, pagpapahayag, o ng
pamamahayag, o sa karapatan ng mga taong-bayan na
mapayapang makapag-tipon at magpetisyon sa
pamahalaan upang ilahad ang kanilang mga karaingan.”

23. Four (4) Important Rights Embodied in
Article III, Section 4:
Freedom of Speech;
Right to a Free Press;
Freedom of Assembly;
The Right of Petition.
 Freedom of Speech is not absolute,
neither is a Free Press.
Limitations to Freedom of Speech
i. Severe calumny; (false statement maliciously made to
injure another's reputation)
ii. Anything lewd or obscene;
iii. Anything that provokes violence or disorder;
iv. Seditious messages;
v. “Clear and present danger”.

24. Forms of Calumny
1. Libel - untruthful information/character
assassination in written, and using print or
broadcast media.
2. Slander - spoken untruthful information /
character assassination .
• Clear and Present Danger – if the uttered threat
seems serious (i.e. the intent appears to be
serious), immediate, grave and realistic.
i. Severe calumny - untruthful information
/ character assassination .
Libel –written
Slander - verbal

25. 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 tests shall be allowed for the exercise of civil or
political rights..”
Filipino Translation:
• “Hindi dapat bawalan ang kalayaan sa paninirahan at ang
pagbabago ng tirahan sa saklaw ng mga katakdaang
itinatadhana ng batas maliban sa legal na utos ng
hukuman. Ni hindi dapat bawalan ang karapatan sa
paglalakbay maliban kun para sa kapakanan ng
kapanatagan ng bansa, kaligtasang pambayan, o
kalusugang pambayan ayon sa maaaring itadhana ng
batas.”

26. Section 6
▫ The liberty of abode and of changing
the same within the limits prescribed
by law shall not be impaired except
upon lawful order of the court. The
right to travel shall not impaired
except in the interest of national
security, public safety, or public
health, as may be provided by law ”

27. Section 6
• Hindi dapat bawalan ang kalayaan sa
paninirahan at ang pagbabago ng tirahan sa
saklaw ng mga katakdaang itinatadhana ng
batas maliban sa legal na utos ng hukuman. Ni
hindi dapat bawalan ang karapatan sa
paglalakbay maliban kun para sa kapakanan
ng kapanatagan ng bansa, kaligtasang
pambayan, o kalusugang pambayan ayon sa
maaaring itadhana ng batas.”

28. 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 to the citizens, subject to such
limitations as may be provided by law.”
Filipino Translation:
• Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran
hinggil sa mga bagay-bagay na may kinalaman sa tanan. Ang
kaalaman sa mga opisyal na rekord, at sa mga dokumento at
papeles tungkol sa mga opisyal na gawain, transaksyon, o pasya,
gayon din sa mga datos sa pananaliksik ng pamahalaan na
pinagbabatayan ng patakaran sa pagpapaunlad ay dapat ibigay
sa mamamayan sa ilalim ng mga katakdaang maaaring itadhana
ng batas”.

29. • Freedom of the Press and freedom of access to
information bearing on governmental decision are
fundamental elements of Popular Sovereignty”.
People have access to public records such as records of a
case in court subject to reasonable rules and
regulations, except when it is very clear that the
purpose of examination of public record is unlawful,
sheer or idle curiosity. It is not the duty of the
custodians of the records to concern themselves with the
motives, reasons, and objects of the person seeking
access to such documents or information.

30. Section 8 ( The Right to Form Union)
• 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.”
Filipino Translation:
“Hindi dapat hadlangan ang karapatan ng mga
taong-bayan kabilang ang mga naglilingkod sa
publiko at pribadong sektor na magtatag ng
mga asosasyon, mga unyon, o mga kapisanan
sa mga layuning hindi lalabag sa batas.”

31. • Unionism is a necessity to place employees or labor sectors
to the bargaining levels same as that of their employers in
relation to negotiations of terms and conditions of
employment. However, while employees in the public sector
may form a union, they are not entitled to stage strike to
press their demands to improve the terms and conditions of
their employment.”
Reason:
• Under the constitution, no money from the National
Treasury shall be spent except in accordance with
appropriation by law. Improving the economic conditions of
employees in the public sector requires spending of public
money. Change in the terms of government employees can
only be realized through law.”

32. Question:: If a public and private company has required
every employee to sign an agreement as part of his
employment contract – that he will not join any labor
unions, societies or associations, does this constitutes
violation of Art. III, Sec. 8 of the Philippine Constitution?
Answer:
Yes. It is a form of unfair labor practice.
Commentary:
If public employees are prohibited to go on strike, the essence of
forming unions in government entities show lack of logic. It
is also a clear suppression to their right for redress of
grievances. Thus, it contradicts to Art. III, Section 4 of the
1987 Philippine Constitution.

33. Section 9 ( Right to Just
Compensation)
• “Private property shall not be taken for public
use without just compensation.”
Filipino Translation:
Ang mga pribadong ariarian ay hindi dapat
kunin ukol sa gamit pambayan nang walang
wastong kabayaran.”

34. • This is in connection with the inherent rights of
the state, specifically, the Right of Eminent
Domain.
• Just compensation - the amount to be paid for
the expropriated property shall be determined
by the proper court, based on the fair market-value
at the time of the taking.

35. Section-10
(Non-Impairment Clause)
• “No law impairing the obligation of contracts shall be
passed.”
• Filipino Translation:
• “Hindi dapat magpatibay ng batas na sisira sa pananagutan
ng mga kontrata.”
 Discusses the “sanctity” of contracts and obligations;
 Laws affecting contracts cannot be applied retroactively;
 all contracts illegal in nature are non-binding.

36. Note:
• A contract is a meeting of minds between
parties with respect to rendition of service or
performance of obligation to give something,
Government is prohibited from interfering with
agreement of parties since it is considered as a
law between the contracting parties.

37. Article-III, Section-11
(Free Access to Court)
“Free access to courts and quasi-judicial bodies
and adequate legal assistance shall not be
denied to any person by reason of poverty.”
 Filipino Translation:
“Hindi dapat ipagkait sa sinumang tao ang
malayang pagdulog sa mga hukuman at sa
mga kalupunang mala-panghukuman at sa
sapat na tulong pambatas nang dahil sa
karalitaan.”

38. Article-III, Section-11
(Free Access to Court)
Note:
If the accused cannot afford to hire a
lawyer to defend his case, the
government shall provide one for him.
He shall be assisted and represented by a
public prosecutor and a counsel from the
Public Attorney’s Office, respectively.

39. Article-III, Section-11
(Free Access to Court)
 The Integrated Bar of the Philippines
(IBP) is giving free legal assistance to
underprivileged litigants.
 A person who, due to poverty, cannot
pay docket fee in civil case may apply in
court to file his case as a pauper litigant.

40. Article-III, Section-12
(Right of Person under Custodial Investigation)
(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.”

41. Article-III, Section-12
(Right of Person under Custodial Investigation)
(1) “Ang sinumang tao na na ini-imbistigahan
dahil sa paglabag ay dapat magkaroon ng
karapatang mapaliwanagan ng kanyang
karapatang magsawalang-kibo at magkaroon
ng abogadong may sapat na kakayahan at
kanyang personal na pinili. Kung hindi niya
makakayanan ang paglilingkod ng abogado,
kinakailangang pagkalooban siya ng isa.
Hindi maiuurong ang mga karapatang ito
maliban kung nakasulat at sa harap ng
abogado.”

42. Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “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.”

43. Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “Hindi siya dapat gamitan ng labis na
pagpapahirap, pwersa, dahas, pananakot,
pagbabanta, o anumang paraaan na lalabag sa
kanyang malayang pagpapasya. Ipinagbabawal
ang mga lihim na kulungan, solitaryo,
ingkomunikado, o iba pang katulad ng anyo ng
detensyon.”

44. Article-III, Section-12
(Right of Person under Custodial Investigation)
(3) “Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.”
(3) “Hindi dapat tanggaping ebidensya laban
sa kanya ang anumang pagtatapat o pag-amin
na nakuha nang labag sa seksyong ito o
sa seksyong labing-pito.”

45. Article-III, Section-12
(Right of Person under Custodial Investigation)
(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.”

46. Article-III, Section-12
(Right of Person under Custodial Investigation)
(4) “Dapat magtadhana ang batas ng mga
kaparusahang penal at sibil sa mga paglabag
sa seksyong ito at gayundin ng bayad-pinsala
at rehabilitasyon sa mga biktima ng labis na
mga paghihirap o katulad ng mga
nakagawian, at sa kanilang mga pamilya.”

47. Article-III, Section-12
(Right of Person under Custodial Investigation)
This section stresses the following:
1. Miranda Rights/Rules;
2. Permissible use of Police Power;
3. Admissible confessions; and
4. The right to redress in the event of a
violation of these rights.

48. Article-III, Section-12
(Right of Person under Custodial Investigation)
Miranda Rights/Rules - provides that
before a person under a custodial investigation
is questioned, he must be informed of the
following:
1. The right to remain silent;
2. Anything he says can and will be used
against him in the court; and
3. The right of a counsel and that if he
cannot afford one, the government will
provide for him.

49. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
“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.”

50. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
 Filipino Translation:
“Ang lahat ng mga tao, maliban sa mga nahahabla sa
mga paglabag na pinarurusahan ng reclusion
perpetua kapag matibay ang ebidensya ng
pagkakasala, bago mahatulan, ay dapat
mapiyansahan ng sapat ng pyador, o maaaring
palayain sa bisa ng panagot ayon sa maaaring
itadhana ng batas. Hindi dapat bawalan ang
karapatan sa piyansa kahit na suspendido ang
pribilehiyo ng writ of habeas corpus. Hindi dapat
kailanganin ang malabis na piyansa.”

51. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Bail – is the security (usually a deposit of
money) required by a court for the temporary
release of a person who is in the custody of the
law provided that his appearance in trials may
be ensured.
Excessive Bail – is prohibited because that is
the same as denying the right to post bail.

52. Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Non-Bailable Crimes
1.Kidnapping;
2.Murder;
3.Rape;
4.Drug-Pushing;
5.Carnapping;
6.Or Crimes Under the Heinous Crime Law,
Plunder Law and Dangerous Drugs Law.

53. Article-III, Section-14
(Rights of the Accused)
(1) “No person shall be held to answer for a
criminal offense without due process of law. In
all criminal prosecutions, the accused shall be
presumed innocent until the contrary is
proved.”
(1) “Hindi dapat papanagutin sa
pagkakasalang kriminal ang sinumang tao
nang hindi kaparaanan ng batas. Ang mga
akusado ay itinuturing na inosente hangga’t
hindi napapatunayan.”

54. Article-III, Section-14
(Rights of the Accused)
(2) “In all criminal prosecutions, 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 justifiable.”

55. Article-III, Section-14
(Right of the Accused)
 Filipino Translation:
(2) “Ang nasasakdal ay dapat magtamasa ng
karapatang magmatwid sa pamamagitan ng sarili at ng
abogado, mapaliwanagan ng uri at dahilan ng sakdal
laban sa kanya, magkaroon ng mabilis, walang
kinikilingan, at hayagan paglitis, makaharap ang mga
testigo, magkaroon ng sapilitang kaparaanan upang
matiyak ang pagharap ng mga testigo sa paglilitaw ng
ebidensyang para sa kanyang kapakanan. Gayunman,
matapos mabasa ang sakdal, maaring ituloy ang
paglilitis kahit wala ang nasasakdal sa pasubaling
marapat na naipaalam sa kanya ang paglilitis sat di-makatwiran
ang kanyang kabiguang humarap.”

56. Article-III, Section-14
(Right of the Accused)
 This Section Observes the Following:
1. Right to Due Process of Law in Criminal Cases;
2. Innocent Until Proven Guilty;
3. The Right to Confront One’s Accuser; and
4. Basis for Trials in Absentia.

57. References:
Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon
City Metro Manila
Excerpt: Lecture of Mr. John Torres – Philippine
Government and Constitution Social Science-I
Discourses on the 1987 Philippine Constitution by
Reynaldo S. Naguit;
Politics, Governance and Government with Philippine
Constitution, Second Edition by Roman R. Dannug and
Marlo B. Campanilla;
Revised Penal Code of the Philippines;
Supreme Court Decided Cases;
Philippine Criminal Law Reviewer;
Civil Code of the Philippines