Article III - Bill of Rights PDF

ARTICLE III OF THE PHILIPPINE CONSTITUTION BILL OF RIGHTS  INTRODUCTION  The State shall have the right to limit the liberty/ freedom of its citizens through one of its inherent powers, namely, “police power”. However, not all liberties are suspended, for we ar...

ARTICLE III OF THE PHILIPPINE CONSTITUTION BILL OF RIGHTS  INTRODUCTION  The State shall have the right to limit the liberty/ freedom of its citizens through one of its inherent powers, namely, “police power”. However, not all liberties are suspended, for we are a democratic country.  In return, the state also gives its people rights. The so-called “Bill of Rights” serves as a vanguard of protection that the people can use to protect themselves from some of the abuses, misconducts, and atrocities the state, or any of its offices or agents of law, may impose.  Simply put, we’re free people; we have rights and privileges, but the government limits them so we can stop harming ourselves and others… Carl L. Alonia, RCrim, 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. 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. *Probable Cause (reason to engender a well-founded belief that a crime has been committed) When police officers search for houses and personal belongings, they should have a “SEARCH WARRANT” and the warrant should specifically state the object or item(s) to be seized. When police officers conduct an arrest, they should have a “WARRANT OF ARREST” with them. *However they can still arrest a person even if they don’t have the warrant with them, as long as they show the warrant to the suspect ASAP.  Can an ordinary person arrest a person? --------------------YES---------------------- This is the so-called “CITIZEN’S ARREST” or warrantless arrest  Are searches and seizures prohibited under the constitution? A. No, because the guarantee is not a blanket prohibition against all searches and seizures, as it operates only against unreasonable ones. B. Yes, because the rule requires a warrant covering searches and seizures. C. Yes, because it is expressly mandated in the Constitution. D. No, because it is the duty of the state to maintain the crime rate at a low level. Carl L. Alonia, RCrim, SECTION 3. (1) 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. RA 4200 – Anti-wiretapping law. Hello Garci scandal (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Classic examples: *Tanim-bala *Tanim droga after Oplan Bakal Sita 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. EDSA REV. EDSA REV. 1 2 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 test shall be required for the exercise of civil or political rights. 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. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. 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 the citizen, subject to such limitations as may be provided by law. SECTION 8. 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. SECTION 9. Private property shall not be taken for public use without just compensation. *appraise the value of the lot /sq. meter, depends on the lot value, quality and type of lot (as stated in the deed) SECTION 10. No law impairing the obligation of contracts shall be passed. 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. *PAO (Public Attorney’s Office) 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. Note: One can waive his right to remain silent and to have a competent lawyer of his own choice, but one cannot waive his right to be INFORMED of such rights. *The waiver must be done in the presence of one’s counsel and in writing. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate 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. ADMISSION vs CONFESSION *Confession – is the declaration of an accused acknowledging his guilt of the offense charged. *Admission – a voluntary acknowledgment of facts in express terms or by implication but does not admit his/her guilt. (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. 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. * Habeas Corpus – petition to review the case.  Types of Bail Cash Bond (cash deposit, amount is determined by the court) Property Bond (real property such as deeds to parcels of land and houses) Corporate Sureties (loans and insurance from surety companies) Release on Recognizance (a person of good standing in the community will guarantee the appearance of the accused in court during trial) *Applicable only to light offenses. Carl L. Alonia, RCrim, SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law. *Any person shall be presumed innocent until proven guilty. *Equipoise Rule – if the evidence presented by both parties are totally equal in weight and substance, that the court cannot make a decision, the scale of justice shall tilt in favor of the accused. (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 (Arraignment), 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. 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. SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. RA 8493 – Speedy Trail Act of 1998 SECTION 17. No person shall be compelled to be a witness against himself. (Right against self-incrimination) 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. *Involuntary Servitude ‘slavery’ SECTION 19. (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. RA 9346 - AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (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. SECTION 20. No person shall be imprisoned for debt or non- payment of a poll tax. *Civil Liabilities – civil, proprietary damages, emotional traumas incurred by the victim etc… (liabilities to the victim) *Fines – (liabilities to the government) - If offender cannot pay the fine, it shall be converted into “subsidiary penalty” - equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction. (Regionalized) 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. * You cannot be imprisoned/penalized twice for the same offence.  Simply put, if a person was charged with an offense and the case is terminated without his express consent, whether by conviction or acquittal, that person can never be tried once more for the same offense. Example: Marissa is tried in court for murdering Joan, and the court acquits her due to lack of evidence. Even if there is new evidence against her, she cannot be tried again for murdering Joan. Carl L. Alonia, RCrim, SECTION 22. No ex post facto law or bill of attainder shall be enacted. *Bill of Attainder – A legislative act which inflicts punishment without judicial trial. *Ex Post Facto Law – A law that punishes an act which is not yet punishable at the time it was committed.