Article III - Bill of Rights

BILL OF RIGHTS

Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

(1987 PHILIPPINE CONSTITUTION)

INTRODUCTION

BILL OF RIGHTS

“We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, amongst which are the preservation of life, liberty, and the pursuit of happiness”

-‐Thomas Jefferson

The Bill of Rights is a statement of

individual liberties, freedoms and rights which residents and sojourners in the Philippines, Filipino or foreigner, enjoy against exertion of government power.

It is a protection installed by the Constitution in favor of individuals against possible abuses and arbitrariness in the exercise of power by the government,

PROTECTION AGAINST THE STATE

Ò  It is not meant against acts of private individuals.

Ò  Its concern is not the relationship between individuals.

CLASSES OF RIGHTS

Ò Natural Ò Constitutional Ò Statutory

NATURAL RIGHTS

Ò Right possessed by citizens without being granted by the State, given by God

Ò Ex: right to live and right to loveJ

CONSTITUTIONAL RIGHTS

Ò Rights that are protected by Constitution Ò They cannot be taken by law making body or modified

STATUTORY RIGHTS

Ò Rights created by law making body, but may also be abolished by the same body

Ò Ex: minimum wage and right to inherit property

CLASSIFICATION OF CONSTITUTIONAL RIGHTS

Ò Political Ò Civil Ò Social, economic and cultural Ò Rights of accused

POLITICAL RIGHTS

Ò Rights given to citizens to participate directly or indirectly in the establishment or administration of government

Ò Ex: Right of citizen (Art. 4), Right of suffrage (Art. 5) and Right to information (Art. 7)

CIVIL RIGHTS

Ò These rights are laws that enforce at the instance of private individuals for the purpose of securing means of happiness

Ò Ex: Freedom of speech, expression, press, right to assembly and petition and the right to form associations are civil right but become part of political rights when used to participate in government

SOCIAL, ECONOMIC AND CULTURAL RIGHTS

Ò Ensures economic security of citizens Ò Right to property, just compensation, private property, conservation of environment, promotion of education, science, technology, arts and culture

RIGHTS OF ACCUSED

Ò Rights to protect the accused of any crime like presumption to innocence; right to impartial, speedy and public trial and the right against cruel, degrading or inhuman punishment

STATE AUTHORITY AND INDIVIDUAL FREEDOM

1) The State is an instrument to enable both the individual and society together to attain their greater happiness, progress and welfare

CONFLICT BETWEEN INDIVIDUAL RIGHTS AND GROUP WELFARE

Ò 2) Government is created to protect individuals and at the same time protect the general welfare

ROLE OF JUDICIARY

Ò 3) There could be no absolute power whoever exercises it, same as no absolute liberty which means license and anarchy

Ò The Supreme Court act as arbiters of the limits of governmental powers especially in relation to individual rights

ARTICLE-‐III, 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.”



Ò Life – is not limited to the literal meaning of life. It includes the right of individual to its body in i ts completeness, free from dismemberment, and extends to God-‐given faculties which makes life enjoyable.

Ò Liberty -‐ the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose one’s employment, the right to labor etc.



Ò Property -‐ refers to anything that can come under the right of ownership and be subject of contract.


Due Process of Law

•  It is a legal maxims which hears before it condemns and renders judgment only after trial.



Two (2) Aspects of Due Process

1.  Procedural Due Process – The manner or procedure which must be followed in the enforcement or application of law.

2.  Substantive Due Process – This means that the law to be applied is valid, just and not arbitrary.



Equal Protection of Law

•  It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed.

ARTICLE III, SECTION 2

Ò  “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, particularly describing the place to be searched and the persons or things to be seized.”

Lecture of Mr. John Torres

ARTICLE-‐III, SECTION-‐2 §  A Valid Search Warrant and warrant of Arrest must have Probable Cause.

Ø  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.

Ø  The Probable Cause must be determined personally by the judge.

Ø  The Warrant must particularly describe the place to be searched, or the person or things to be seized.

ARTICLE-‐III, SECTION-‐2 §  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)

ARTICLE-‐III, SECTION-‐2 §  Note:

ü  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



Ø  A private individual can arrest a criminal even without a 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.

WARRANTLESS ARREST


1.  Flagrante Delicto (Caught in the Act) Ø  Person to be arrested has committed, is

actually committing, is attempting to commit an offense;

Ø  Such commission is in the presence of the arresting individual;

Ø  Arresting individual has personal knowledge of such commission.

WARRANTLESS ARREST


Note : (Commission of a Crime) Ø  One person can arrest a person, who has stabbed and

killed another in his presence since the person to be arrested “has committed” the crime of homicide.

Ø  One can arrest a person, who with intent to kill, is stabbing another in his presence since the person to be arrested “is actually committing” the crime of homicide.

Ø  On can arrest a person, who with intent to kill is about to stab another in his presence since the person to be arrested is “attempting to commit” the crime of homicide.

WARRANTLESS ARREST


2.  Hot Pursuit – Hot Pursuit 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.

Elements of Hot Pursuit Arrest: I.  Time Element – that an offense has just been

committed, which connotes an immediacy in point of time.

II.  Personal Knowledge – that the arresting officer or individual must have probable cause based on personal knowledge of fact or circumstances that the person to be arrested has committed the crime.


Note : (Continuing Crime Doctrine) Ø  Rebellion is a continuing crime. If one has been a rebel

since 1988, he is continuously committing the crime of rebellion from 1988 up to the present. Thus, police officers or military men who have probable cause to believe that the person to be arrested is a rebel, can make a warrantless arrest even if the rebel is not doing an act in furtherance of rebellion. Even if the rebel is just sleeping, watching tv or taking a bath at the time of the arrest, the warrantless arrest is lawful since the suspect is deemed caught in the act of committing the crime of rebellion.

Warrantless Arrest

WARRANTLESS ARREST


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.


“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.”



Ò Explanation:


Ø  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. Ø But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.


“No law shall be passed abridging t h e f r e edom o f s p e e ch , o f expression, or of the press or the right of the people peaceably to a s s emb l e and p e t i t i on t h e gov e rnment f o r r ed r e s s o f grievances.”



1.  Freedom of Speech; 2.  Right to a Free Press; 3.  Freedom of Assembly; 4.  The Right of Petition.


Ø  Four (4) Important Rights Embodied in Article III, Section 4:


“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..”



“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, SECTION-‐7 (RIGHT TO INFORMATION)


“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.”


“Freedom of the Press and freedom of access to information bearing on governmental decision are fundamental elements of Popular Sovereignty”.

q  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.

ARTICLE-‐III, 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.”

ARTICLE-‐III, SECTION-‐9 (THE RIGHT TO JUST COMPENSATION)


“Private property shall not be taken for public use without just compensation.”

ARTICLE-‐III, SECTION-‐10 (NON-‐IMPAIRMENT CLAUSE)


“No law impairing the obligation of contracts shall be passed.”

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.”

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.”



(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.”



(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 and rehabilitation of victims of torture or similar practices, and their families.”

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.”



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.



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.

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.”

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.”


Ò 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.



Ò All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-‐judicial, or administrative bodies.



Ò No person shall be compelled to be a witness against himself.



Ò  (1) No person shall be detained solely by reason of his political beliefs and aspirations.

Ò  (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.



Ò  (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the 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.

Ò  (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.



Ò No person shall be imprisoned for debt or non-‐payment of a poll tax.



Ò 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.



Ò No ex post facto law or bill of attainder shall be enacted.



-end-

Documents

Article III - Bill of Rights