Article III Bill of Rights
Article III Bill of Rights
Article III Bill of Rights
BILL OF RIGHTS
“Charter of Liberty”
Declaration and enumeration of a person’s basic rights
and privileges which the constitution is designed to
protect against violations by the government, or by an
individual or groups of individuals.
CLASSES
OF
RIGHTS
Natural Rights
Constitutional
Rights
Statutory
Rights
NATURAL RIGHTS Those rights pressed
by every citizen
without being granted
by the state for they
are given to man by
God as a human being
created to his image
that he may live a
happy life.
CONSTITUTIONAL Those rights which
RIGHTS are conferred and
protected by the
constitution.
Cannot be modified
or taken away by
the law-making
body.
STATUTORY RIGHTS Those rights which
are provided by
laws promulgated
by the law-making
body and
consequently, may
be abolished by the
same body.
CLASSIFICATION
CLASSIFICATIONOF
OF CONSTITUTIONAL
CONSTITUTIONAL RIGHTS
RIGHTS
Political Rights
Civil Rights
CLASSIFICATION
OF Social
CONSTITUTIONAL RIGHTS
and Economic Rights
Rights of the Confused
POLITICAL RIGHTS
Those rights which
give citizens the
power to
participate, directly
or indirectly, in the
establishment or
administration of
the government.
CIVIL RIGHTS
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.
SOCIAL AND ECONOMIC RIGHTS
Those rights which
are intended to
ensure the well-
being and
economic security
of the individual.
RIGHTS OF THE CONFUSED
Rights intended for
the protection of a
person accused of any
crime, like the rights
against unreasonable
search and seizure,
the right to a speedy,
impartial, and public
trial, and the right
against cruel,
degrading or
inhuman punishment.
STATE AUTHORITY AND
INDIVIDUAL FREEDOM
(1) STATE
An instrument to promote both
individual and social welfare.
Exists to promote the happenings and
welfare of both individual and the group of
which he is part.
LIBERTY
Is a blessing without
which life is a misery
but should not be made
to prevail over
authority because then
society will fall into
anarchy.
Laissez (laisser) faire
“let people do as they
choose”.
(2) Conflict between
individual rights and
group welfare.
Individual yields to
the group, the group
to the individual
(3) Balancing of individual and group
rights and interests.
PAPERS
HOUSES PERSON And
EFFECT
HOUSES
HOUSES
Dwelling,
extends to
garage,
warehouse,
shops, stores etc.
but does not
extend to open
spaces and fields
belonging to one.
PERSON
PERSON
Everybody
Aliens
Corporations
PAPERS and
EFFECT
PAPERS and
EFFECT
Sealed letters
and packages
which may be
opened and
examined only in
pursuance of a
valid search
warrant.
When Search and Seizure is Unreasonable
When Search and Seizure is Unreasonable
illegal vs legal
judicial question determinable from a
consideration of the circumstances
involved
Requisites for valid search warrant/warrant
of arrest
Requisites for valid search warrant/warrant
of arrest
Issued upon probable cause
Probable cause must be determined personally by
the judge himself
Determination of the existence of probable cause
must be made after examination by the judge of the
complainant and the witnesses he may produce
Warrant must particularly describe the place to be
searched, the persons or things to be seized
PROBABLE CAUSE
PROBABLE CAUSE
Place
Person
Property
Right against unreasonable search and
seizure, personal
Right against unreasonable search and
seizure, personal
PRESS
1.Complement of right of free speech.
1.Public records
excepted.
2.Burden on
government to justify
withholding of
information
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.
Meaning of right to form associations, etc.
Meaning of right to form associations, etc.
a. They all rest upon necessity because there can be no effective government without them;
b. They are inherent in sovereignty; hence they can exercised even without being expressly
granted in the Constitution although the conditions for their exercise may be regulated and
limited by the Constitution and by law;
c. They are ways by which the State interferes with private rights and property.
1.Specific allegations of
crime charged.
2.Remedy of accused
whose rights are violated.
Right to have speedy, impartial, and
public trial.
Speedy trial
Speedy trial
Means one that can be had as
soon as possible, after a person is
indicted and within such time as
the prosecution, with reasonable
diligence, could prepare for it.
Discrediting
cross-
examination
2.Assessment by the court of witness’
credibility.
2.Assessment by the court of witness’
credibility.
Order to a
person to
appear and
testify in court.
Subpoena
duces tecum
Subpoena
duces tecum
Order to a person
to produce in court
certain documents,
articles, or other
evidence
Trial in Absentia
Trial in Absentia
Trial is being
held even without
the physical
presence of the
accused.
1.Conditions
•He has been arraigned
•He has been duly
notified of the trial; and
•His failure to appear is
unjustifiable.
2.Reason for rule
The rule is in the interest
of a speedy administration
of justice which should be
afforded not only to the
accused but to the
offended party as well.
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.
Writ of Habeas
Corpus.
Order issued by a court of
competent jurisdiction, directed
to the person detaining another,
commanding him to produce the
body of the prisoner at a
designated time and place, and
to show sufficient cause for
holding in custody the individual
so detained.
Purpose of the
writ.
Purpose of the
writ.
To inquire into all manner of
involuntary restraint or
detention as distinguished
from voluntary
To relieve a person
therefrom if such restraint is
found illegal
How Writ Operates.
WRIT
WRIT
Order from the court
requiring a person detaining
another to show cause for
the detention.
RETURN
RETURN
Written
explanation of the
cause of the
caption and
detention of the
prisoner.
Privilege of the writ
Privilege of the writ
2. It may not be invoked to protect a person against being compelled to testify to facts which
may expose him only to public ridicule or tend to disgrace him
3. It may not be invoked simply because the testimony might subject one to some liability not
arising from any criminal action
4. It is applicable only to a present not a past criminality which involves no present danger of
prosecution. Hence, a witness cannot refuse to testify as to a crime which has already
prescribed
Form of Testimony Prohibited
1.Compulsory testimonial
self-incrimination
1.Compulsory testimonial
self-incrimination
Extricating from defendant’s
own lips, against his will, an
admission of his guilt.
The refusal of a person to
produce a specimen of his
handwriting is also included
within the privilege.
2. Instances of absence of
testimonial compulsion
2. Instances of absence of
testimonial compulsion
However, there is no violation where:
Insurrection
Subversion Conspiracy
or Rebellion
3. Prohibition, a guarantee
against having “prisoners of
conscience.”
PRISONERS OF
CONSIENCE
PRISONERS OF
CONSIENCE
a person who has been
imprisoned for holding
political or religious views
that are not tolerated by
their own government.
3. Prohibition, a guarantee
against having “prisoners of
conscience.”
People can freely speak of what they
think is wrong within the government
and its leaders, or seek changes in the
government and its policies which
they believe to be necessary or the
removal of public officials unworthy
of their trust
INVOLUNTARY SERVITUDE
INVOLUNTARY SERVITUDE
2. When a personal military or civil service is required of citizens for the defense of the State
3. To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute
4. To exceptional services, such as military and naval enlistment. Thus, a statute punishing sailors who desert
their ship do not contravene the constitutional provision. From immemorial usage, sailors may not leave
their ships during a voyage.
5. To exercise parents by parents of their authority to require their children to perform reasonable amount of
work
6. When there is a proper exercise of the police power of the State. (supra.) Thus, persons may be required to
assist in the protection of the peace and order of the community, or to help build or repair public highways
and streets.
(1)Excessive fines shall not be imposed, nor
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.
(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.
Right against excessive fines
Right against excessive fines
The fines that shall be imposed is addressed to the
sound discretion of the court.
To eliminate many
of the barbarous
and uncivilized
punishments
Purpose of the guarantee
oPunishments that are
inflicted at the whipping
posts or in the pillory
oBurning at the stake
oBreaking on the wheel
oDisemboweling
Application of penalties or punishments
Application of penalties or punishments
The Constitution
mandates that the
employment of
punishments against any
prisoner or detainee
should be dealt with by
law
Marcos
Administration:
Marcos
Administration:
oSubversion
oPossession of firearms
oArson
oEmbezzlement
oIllegal fishing
Cory Aquino
Administration:
Cory Aquino
Administration:
oDeath penalty is reduced to
reclusion perpetua
oFor heinous crimes –
crimes that are so flagrant,
too cruel, and evil in nature
Ramos
Administration:
Ramos
Administration:
oRe-imposition of death
penalty through RA 7659
(Death Penalty Law)
oRA 8177 (Death by Lethal
Injection)
Ramos
Administration:
oIdentifies 13
heinous crimes:
Ramos
Administration:
Treason Piracy
Bribery Parricide
Murder Infanticide
Kidnapping
Ramos
Administration:
Arson
Rape
Plunder
Serious Illegal Detention
Ramos
Administration:
Theft of vehicle with
rape or murder
Certain drug offenses
Robbery with violence
Arroyo
Administration:
Arroyo
Administration:
RA 9346 (Prohibiting
the Imposition of Death
Penalty in the
Philippines)
Imposition of the Death Penalty
1. Commutation of death
penalties already imposed
1. Commutation of death
penalties already imposed
Section 19 abolishes the death penalty
The state has no right to deprive a person of his life; God is the giver of
life and only He can take it
B.) In favor with death penalty
B.) In favor with death penalty
It is not cruel and inhuman because the manner by which it is executed (now
by lethal injection) does not involve physical or mental pain nor unnecessary
physical or mental suffering, and it is imposed only for heinous crimes
It does discourage others from committing heinous crimes and its abolition will
increase the crime rate
A convict by his own acts has forfeited his right to life and shown his moral
incapability to be rehabilitated and reformed
The state has the absolute right to take the life of a person who has proved
himself a great menace to society by way of self-defense and as an example and
warning to others
No person shall be
imprisoned for debt or
non-payment of a poll
tax
Intended to be covered by the
constitutional guarantee, means
any liability to pay money
arising out of a contact, express
or implied
Basis and purpose of
prohibition against
imprisonment for debt
Humanitarian
Considerations
Humanitarian
Considerations
A re-trial becomes
necessary
Right to appeal in criminal cases
Right to appeal in criminal cases
1. The government has no right, therefore, to appeal
from a judgement of acquitted
3. Changes the punishment and inflicts a greater punishment than what the
law annexed to the crime, when committed; or
4. Alters the legal rules or evidence, and receives less testimony than or
different testimony from what the law required at the time of the commission
of the offense, in order to convict the offender
Characteristics of ex
post facto law
Characteristics of ex
post facto law
1. Ex post facto laws relate to penal or criminal matters only
(civil interests are protected by the non-impairment clause)
Punishment less
than death
Purpose of
prohibition against
bill of attainder
1. In a case where a law passed by the U.S. Congress declared
in one of its sections that three government employees named
therein were not to receive any salary after a certain date
because their subversive activities, the U.S. Supreme Court
held that the enactment was in the nature of a bill of pains and
penalties, the Congress assuming the role of a judge and giving
no hearing to the parties. Hence, the provision was void.
2. A law passed declaring members of an
association guilty of subversion and
subjecting them to imprisonment is
unconstitutional because it convicts and
penalizes without the benefit of judicial trial.
3. But the detention of a prisoner for a certain
period pending investigation and trial is not a
punishment; it is a necessary extension of the
well-recognized power of the state to hold a
criminal suspect for investigation.
CASE CLOSED
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