BILL OF RIGHTS

Prepared by Raizza Corpuz

Bill of RightsSection 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)

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

Fundamental Power of the StateGeneral Principles:The inherent powers of the State are

1. Police Power2. Power of Eminent Domain3. Power of Taxation

Test to determine if suit is against the State

In Tan vs. Director of Forestry (125 SCRA 302), the Supreme Court said that State immunity from suit may be invoked as long as the suit really affects the property, rights or interests of the State and not merely those of the officers nominally made party defendants. In this case, the promotion of public welfare and the protection of the inhabitants near the public forest are property rights and interests of the State.

Limitations

Generally, the Bill of Rights, although in some cases the exercise of the power prevails over specific constitutional guarantees.

The courts may annul the negligent exercise of Police Power

What are the instances when a suit against the State is proper?

In Republic vs. Sandoval, 220 SCRA 124, March 19, 1993, some instances when a suit against the state is proper are:

1. When the Republic is sued by name;2. When the suit is against an unincorporated

government agency;3. When the suit is on its face against a government

officer but the case is such that ultimate liability will belong not to the officer but to the government.

Police PowerThe power of promoting public welfare by restraining and

regulating the use of liberty and property.It is the exercise of the sovereign right of a government to

promote order, safety, security, health, morals and general welfare within constitutional limits and is an essential attribute of government.

It is the most pervasive; the least limitable, and the most demanding of the three powers. The justification is found in Latin maxims:

Salus populi est suprema lex (the welfare of the people is the supreme law

Sic utere tuo ut alienum non laedas (so use your own property as not to injure another property)

Who may exercise the power?The power is inherently vested in the legislature.

However, Congress may validly delegate this power to the President, to administrative bodies, and to lawmaking bodies of local government units.

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 everyonePolitical Rights-to participate directly or indirectly.

Concept :• 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

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.

SECTION 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.

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.

Natural person refers to a real human being

Juridical person A juristic or juridical person 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.

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).

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.

•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.”

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.

• 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.

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.

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.

Who issue and serve Warrant ?•The JUDGE issue a warrant of arrest or the search warrant

•The POLICE OFFICER serve a warrant arrest or the search warrant.

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)

• A private individual can arrest a criminal even without a wa “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.

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.

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.

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.

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.”

Four (4) Important Rights Embodied in Article III, Section 4:1. Freedom of Speech;2. Right to a Free Press;3. Freedom of Assembly;4. The Right of Petition. Freedom of Speech is not absolute, neither is

a Free Press.Limitations to Freedom of Speech

i. Severe calumny;ii. Anything lewd or obscene;iii. Anything that provokes violence or disorder;iv. Seditious messages;v. “Clear and present danger”.

Forms of Calumny1. 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 –writtenSlander - verbal

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.”

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 ”

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.”

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”.

• 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.

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.”

• 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.”

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.

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.”

• 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.

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.

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.

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.”

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.

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.

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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; and4. The right to redress in the event of a

violation of these rights.

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; and3. The right of a counsel and that if he cannot

afford one, the government will provide for him.

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.”

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.”

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.

Article-III, Section-13(The Right to Bail & Against Excessive Bail)Writ of Habeas Corpus

1.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.

2.an action that protects an individual from unlawful detention.3. It prevents an agency from holding an individual without reason4.A literal translation of habeas corpus found in many legal textbooks is “you (shall) have the body.”

• A literal translation of “habeas” could be “may you have” or possibly “let you have.” The “shall” in quotes is used to indicate a theoretical or ideal state for which the subjunctive is used in both Latin and English.

“Corpus” is accusative here because it is the direct object of the verb “habeas;” it indicates what should or may be “had.” So, a translation of “habeas corpus” that follows more closely the rules of Classical Latin can be “may you have the body” or “let you have the body.”

Article-III, Section-13(The Right to Bail & Against Excessive Bail)

Non-Bailable Crimes1.Kidnapping;2.Murder;3.Rape;4.Drug-Pushing;5.Carnapping;6.Or Crimes Under the Heinous Crime Law, Plunder Law and Dangerous Drugs Law.

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.”

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.”

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.”

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; and4. Basis for Trials in Absentia.

References:Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City

Metro ManilaExcerpt: Lecture of Mr. John Torres – Philippine Government and

Constitution Social Science-IDiscourses 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