THE BILL OF RIGHTS Fundamental characteristic of a republican systemIt is a charter of liberties for the individual and a limitation upon the power of the StateClassification of RightsNatural-Based on ones dignity as a human personConstitutional-Outlined in a constitutions bill or rights-Cannot be repealed through legislationStatutory-As provided for by lawPolitical v. Civil v. LegalPolitical Rights-Those that pertain to an individuals participation in government or the political process Civil Rights-Basically refer to rights enjoyed to enable individuals to undertake the everyday business of lifePolitical v. Civil v. LegalLegal Rights-Rights that apply to individuals when subjected to the law and/or legal procedures and processes

Article-III, Section-INo 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. Article-III, Section-ILife is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable.Liberty - the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose ones employment, the right to labor etc.Article-III, Section-IProperty - refers to anything that can come under the right of ownership and be subject of contract.Article-III, Section-IIThe 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, particularly describing the place to be searched and the persons or things to be seized. Article-III, Section-IIThe 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. Article-III, Section-IISearch 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. Article-III, Section-IIA 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. Article-III, Section-IISearch and Seizures can be made without Warrant in the following instances: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;Where search is an incident to a lawful arrest say, a pickpocket caught in flagrante delicto, can be searched for his loot;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.When the possession of articles prohibited by law is disclosed to plain view (plain view rule) Article-III, Section-IINote:Inspection conducted by Health and Sanitary inspectors in restaurants in the exercise of state police power in view of enforcing laws on public health or by labor inspectors of companies acting on a complaints of its workers for possible violation of labor laws and the Bureau of Internal Revenue examiner of financial records of companies, need not have warrant. The same is true of routinary searches made at the border or ports of entry in the interest of national secuirty Article-III, Section-3The 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. Article-III, Section-3Explanation:Article-III, Section-3Illustration:Article-III, Section-4No 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. Article-III, Section-4Hindi 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.Article-III, Section-4Freedom of Speech;Right to a Free Press;Freedom of Assembly;The Right of Petition.Article-III, Section-4Freedom of Speech means an individual is free to speak or utter whatever he wants without prior restraint.Right to a Free Press means an individual is free to write, publish, and circulate whatever he pleases without restraint.Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included. Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression.Article-III, Section-4Freedom of Assembly refers mainly to peaceful demonstrations related to public affairs.The Right of Petition - to take up ones grievances with government without fear of persecution. Article-III, Section-4Freedom of Speech is not absolute, neither is a Free Press.Limitations to Freedom of SpeechSevere calumny;Anything lewd or obscene;Anything that provokes violence or disorder;Seditious messages;Clear and present danger.Article-III, Section-4Forms of CalumnyLibel - untruthful information/character assassination in written, and using print or broadcast media.Slander - spoken untruthful information / character assassination .Article-III, Section-5No 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.. Article-III, Section-5Hindi dapat magbalangkas ng batas para sa pagtatatag ng relihiyon, o nagbabawal sa malayang paggamit nito. Dapat ipahintulot magpakailanman ang malayang paggamit at pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o pamimili. Hindi dapat kailanganin ang pagsusulit pangrelihiyon sa paggamit ng karapatang sibil o pampulitika.Article-III, Section-5This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit. Article-III, Section-6The 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 Article-III, Section-5Hindi 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.Article-III, Section-6(The Liberty of Abode & the Right to Travel) 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

Article III Sec. 7Section 7The 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 a basis for policy development, shall be afforded the citizen, subject to such limitation as may be provided by law.-Right of access to information-Public records-Refers mainly to citizens but extends to aliens in some cases-Legal restrictions may apply (e.g. matters of national security)Article III, Section 8 The right of the people, including those employed in public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.Freedom to form associationsi.e. the right to organizeIn large part, this section reflects the countrys bad experience during the Martial Law years, when the right to assemble and form associations was unduly abridged.Obviously, however, it is equally clear that the government can exercise its police power and abridge this right if the association in question threatens the legal order.N.B.: So long as the association is not contrary to the lawArticle III, Section 9 Private property shall not be taken for public use without just compensation.The right to private propertyExplicit limitation to the power of eminent domainPublic useJust compensation: fair market priceDue process of law

Article III, Section 10 No law impairing the obligation of contracts shall be passed.Discusses the sanctity of contracts and obligationsLaws affecting contracts cannot be applied retroactivelyAside: all contracts illegal in nature are non-binding

Section 11 and 12 Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which violate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. You have the right to remain silent.Anything you say can be used against you in court. You have the right to an attorney before questioning. If you can't afford an attorney, one will be provided for free. If you start answering questions without an attorney, you can stop and ask for an attorney at any time. Section 13 . All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Bail is the security required by a court and given for the provisional or temporal release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified. -To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial-Maybe in form of cash deposit, property bond, bond secured from a surety company, or recognizance. -If the applicant is not yet in the custody of law.-If the applicant is charged with capital offense or an offense punishable by reclusion perpetua, life imprisonment, or death penalty, or if the evidence of guilt is strong.-After the judgment has become final, or after the accused has commenced to serve sentence. -A capital offense, for the purpose of the above provision, is an offense which, under the law existing at the time of its commission, and at the time of application to be admitted to bail, may be punished with reclusion perpetua, life imprisonment, or death. Section 14 (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, Section 14 -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. Due process in this context pertains more to the procedural aspect. It requires that: (a) The accused must be tried before a competent courtgiven a fair and impartial trial-allowed to use all legal means and opportunity to defend himself; and(b) the judgment awarded against him must be within the authority of a valid law. In all criminal prosecution the accused is presumed innocent until proven guilty.A safeguard against false convictionRequirement of proof beyond reasonable doubt The arraignment is made in open court by the judge or clerk, and consists in furnishing the accused a copy of complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not guilty.The complaint is filed in court usually by the prosecutor after due investigation It is the stage of arraignment that the accused, for the first time, is granted the opportunity to know the precise charge that confronts him 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. The writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.The writ shall cover extralegal killings and enforced disappearances or threats thereof.(A.M. No. 07-9-12-SC) Article III, Section 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.The right to a speedy trialJustice delayed is justice denied

Article III, Section 17 No person shall be compelled to be a witness against himself.Related to Article III, Section 12Right against self-incriminationAffirms the right of the accused to remain silent

Article III, Section 18 (1) No person shall be detained solely by reason of his political beliefs and aspirations.(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.Freedom from political persecution Freedom from forced labor unless as punishment arising from a conviction

Article III, Section 19 (1) 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.(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.N.B. Related to Article III, Section 13Right against excessive finesRight to reasonable and humane punishment Article III, Section 20 No person shall be imprisoned for debt or nonpayment of a poll tax.This is somewhat related to Article II, Sections 9-10.Poll Tax: Related to Article III, 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 wont be imprisoned for it doesnt mean you shouldnt pay it if you can.Freedom from debtors prisonsEnsures one is not punished due to povertyState power should not be used to coerce payment of debtsPoll Taxa fixed, residence taxArticle III, Section 21 No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.*It is important to stress that Double Jeopardy covers both a single offense and a single act.Note: this presumes a judgment was reached. It does not apply in cases of mistrials.Also: Government may not appeal acquittals, but the accused can appeal convictionsPrinciple of Double JeopardyA person tried for an offense cannot be tried/punished for that same offense when judgment has been passedProtects against undue persecution under the law

Article III, Section 22 No ex post facto law or bill of attainder shall be enacted. Protection from retroactive lawsEx post facto = Arising after the fact Bill of Attainderlegislative act that inflicts punishment without a trial