Bill of Rights

Political Rights granted by law to members of

community in relation to their direct or indirect
participation in the establishment or administration
of government
Civil Rights rights which municipal law will enforce
at the instance of private individuals, for the purpose
of securing them the enjoyment of their means of
happiness
Social and Economic Rights
Human Rights

Due Process of Law that which hears before it

condemns which proceeds upon inquiry and renders
judgment only after trial
Life - right of individual to his body in its
completeness, free from dismemberment and
extends to the use of God-given faculties which
make life enjoyable
Liberty - right to exist; right to be free from arbitrary
personal restraint and servitude; and right to use
faculties in all lawful ways
Property - anything that can come under the rights
of ownership and be the subject of contract

1. Substantive requisites:
Interest of the public
Means employed are reasonably necessary for
accomplishment of purpose and not unduly oppressive
2. Procedural requisites:
An impartial court or tribunal clothed with judicial
power to hear and determine matter before it
Jurisdiction properly acquired over person of defendant
and over property which is subject matter of
proceeding
Opportunity to be heard
Judgment rendered upon lawful hearing and based on
evidence adduced

Elements:
Accused has been heard in court of competent
jurisdiction
Accused is proceeded against under the orderly
processes of law
Accused is given notice and opportunity to be
heard
Judgment rendered within authority of constitutional
law

Elements:
Right to a hearing, which includes the right to present
ones case and support evidence
Tribunal must consider evidence adduced
Decision must have something to support itself
Evidence must be substantial
Decision must be based on evidence adduced, or at
least contained in the records and disclosed to the
parties
Independent tribunal or judge
Tribunal should in all controversial questions, render its
decision in such a manner so that parties can know the
various issues involved and reason for the decision

Equal Protection of Law all persons or

things similarly situated must be similarly
treated both as to rights conferred and
responsibilities imposed

Requisites of Valid Search Warrant:

Probable cause
Determination of probable cause by the judge
After examination under oath
Particular description of the place to be searched
and the things or persons to be seized

Warrantless arrest, when valid:

When person to be arrested has committed, is
actually committing, or is attempting to commit an
offense
When an offense has been committed and arresting
officer has personal knowledge of the facts
indicating that the person to be arrested has
committed it
When person to be arrested is an escapee or
detention prisoner
When right has been voluntarily waived such as
posting of bail bond

John Doe Warrant - a warrant for the

apprehension of a person whose true name is
unknown. Satisfies the constitutional
requirement of particularity if there Is some
description personae which will enable the
officer to identify the accused.

Warrantless searches, when valid:

When right has been voluntarily waived
As an incident to a lawful arrest, provided search is
contemporaneous to arrest and within permissible
area of search
Searches of vessel and aircraft
Searches of automobiles at borders or constructive
borders
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building
regulations

 Where prohibited articles are in plain view

Conduct of areal target zoning and saturation
drive in the exercise of military powers of the
President
At the height of the December 1989 coup d etat,
military operatives had reasonable ground to
believe that a crime was committed

 Plain View Doctrine objects within the sight

of an officer who has the right to be in the
position to have that view are subject to
seizure and may be presented as evidence
Exclusionary Rule Evidence obtained in
violation of Sec.2 Art.III, shall be inadmissible
for any purpose in any proceedings

Inviolable, except when:

By lawful order of court
Public safety/order requires otherwise, as
may be provided by law

Includes tangible and intangible objects

Aspects:
Freedom from censorship or prior restraint
Freedom from subsequent punishment

Tests for Valid Governmental Interference:

Clear and present danger rule
Dangerous tendency rule
Balancing of interest test

Right to assemble and petition

government:
Not subject to prior restraint nor conditioned upon
issuance of a permit or authorization from any
government authority

 Non-establishment clause
Freedom of religious belief and worship

Limitation on liberty of abode: lawful

order of court
Limitation on right to travel:
Interest of national security
Public safety
Public health

 Right to information to matters of public

concern
Corollary right of access to official records
and documents

Right to form associations shall not be

impaired without due process of law
Also guarantees the right not to join an
association

Limitations:
police power
eminent domain
taxation

exists only in custodial interrogation

Bail- security given for the release of a person

in custody of law, furnished by him or
bondsman, conditioned upon his appearance
before any court as may be required

Criminal Due Process

Presumption of Innocence
Right to be heard by Himself and the counsel
Right to be informed of nature and cause of
accusation against him
Right to speedy, impartial, and public trial
Right to meet witness face to face
Right to compulsory process to secure
attendance of witnesses and production of
evidence

 Writ issued by court directed to person

detaining another, commanding him to
produce the body of the prisoner at
designated time and place with the day
and cause of his capture and detention, to
do, to submit to, and to receive whatever
court or judge awarding writ shall consider in
his behalf

 All persons shall have the right to a speedy

determination of cases before judicial, quasijudicial and administrative bodies.

 Availability - not only in criminal prosecutions but

also in all other government proceedings, including

civil actions and administrative or legislative
investigations. May be claimed not only by accused
but by any witness to whom an incriminating
question is addressed

Scope applies only against testimonial

compulsion and production of documents, papers

and chattels in court except when books of
account are to be examined in exercise of power of
taxation and police power

 Transactional Immunity Statute testimony of

any person or whose possession of documents or

other evidence necessary or convenient to
determine the truth in any investigation conducted
is immune from criminal prosecution for an offense
to which such compelled testimony relates

Use Immunity Statute prohibits the use of a

witness compelled testimony and its fruits in any

manner in connection with the criminal prosecution
of the witness

Non-detention by Reason of Political Beliefs or

Aspirations
No person shall be detained by reason of his
political beliefs or aspirations
Involuntary Servitude
Condition where one is compelled by force,
coercion, or imprisonment, and against his will, to
labor for another, whether he is paid or not.
Prohibited Punishment
Mere severity does not constitute cruel or unusual
punishment. To violate constitutional guarantee,
penalty must be flagrant and plainly oppressive,
disproportionate to nature of offense as to shock
senses of community.

 No person shall be imprisoned for debt or

non-payment of a poll tax

Requisites:

Valid complaint or information

Filed before competent court
To which defendant has pleaded
Defendant was previously acquitted or
convicted or the case dismissed or otherwise
terminated without his express consent

Kinds:
Law criminalizing act done before its passage
Law aggravating penalty for crime committed
before passage
Law inflicting greater or more severe penalty
Law altering legal rules of evidence and receives
less or different testimony than law required at time
of commission, in order to convict accused
Law assuming to regulate civil rights and remedies
only in effect imposes a penalty of deprivation of
right for something which when done was lawful
Law depriving accused of some lawful protection to
which he had been entitled

Bill of Attainder:
Legislative act that inflicts punishment
without trial
Legislative declaration of guilt