ARTICLE III

BILL OF RIGHTS
“Charter of Liberty”
Declaration and enumeration of a person’s basic rights
and privileges which the constitution is designed to
protect against violations by the government, or by an
individual or groups of individuals.
CLASSES
OF
RIGHTS
Natural Rights
Constitutional
Rights
Statutory
Rights
NATURAL RIGHTS Those rights pressed
by every citizen
without being granted
by the state for they
are given to man by
God as a human being
created to his image
that he may live a
happy life.
CONSTITUTIONAL Those rights which
RIGHTS are conferred and
protected by the
constitution.
Cannot be modified
or taken away by
the law-making
body.
STATUTORY RIGHTS Those rights which
are provided by
laws promulgated
by the law-making
body and
consequently, may
be abolished by the
same body.
 CLASSIFICATION
CLASSIFICATIONOF
OF CONSTITUTIONAL
CONSTITUTIONAL RIGHTS
RIGHTS
 Political Rights
Civil Rights
CLASSIFICATION
OF Social
CONSTITUTIONAL RIGHTS
and Economic Rights
Rights of the Confused
 POLITICAL RIGHTS
Those rights which
give citizens the
power to
participate, directly
or indirectly, in the
establishment or
administration of
the government.
 CIVIL RIGHTS
Those rights which
the law will enforce
at the instance of
private individuals
for the purpose of
securing to them the
enjoyment of their
means of happiness.
 SOCIAL AND ECONOMIC RIGHTS
Those rights which
are intended to
ensure the well-
being and
economic security
of the individual.
 RIGHTS OF THE CONFUSED
Rights intended for
the protection of a
person accused of any
crime, like the rights
against unreasonable
search and seizure,
the right to a speedy,
impartial, and public
trial, and the right
against cruel,
degrading or
inhuman punishment.
STATE AUTHORITY AND
INDIVIDUAL FREEDOM
 (1) STATE
An instrument to promote both
individual and social welfare.
Exists to promote the happenings and
welfare of both individual and the group of
which he is part.
 LIBERTY
Is a blessing without
which life is a misery
but should not be made
to prevail over
authority because then
society will fall into
anarchy.
Laissez (laisser) faire
“let people do as they
choose”.
 (2) Conflict between
individual rights and
group welfare.

Individual yields to
the group, the group
to the individual
 (3) Balancing of individual and group
rights and interests.

HOW DO WE EFFECTIVELY BALANCE THE

GROUP’S OR INDIVIDUAL’S CLAIMS?
(4) Role of Judiciary
(4) Role of Judiciary
Facilitates the
adjudication of
disputes, ensuring
that the interests of
the group and the
individual are
effectively balanced.
 Section 1
No person shall be deprived of
No person shall be deprived of
life,life,
liberty,
liberty, or property
or property without
without
due process of law, nor shall
due any
process of law, nor
person be denied the
shall any
equal protection
person be denied of laws
the equal
protection of laws
Due process of law is successfully
upheld if:
  done under the authority of a law that is valid
(not contrary to the Constitution) or of the
Constitution itself
 after compliance with fair and reasonable
methods of procedure prescribed by law
Aspects of Due Process of Law
 Procedural due process
-method or manner by which the law is
enforced.
-“which hears before it condemns, which
proceeds upon inquiry, and renders judgment
only after trial.” Daniel Webster, Darthmouth
College case, 4 Wheat 518
 Substantive due process
-requires the law itself, not merely the
procedures
-no person shall be deprived of his life,
liberty, or property for arbitrary reasons or on
flimsy grounds
Procedural Due Process
1.) In judicial proceedings
Requirements:
*Impartial court clothed by law with authority to
hear and determine the matter before it;
*Jurisdiction lawfully acquired over the person
of the defendant or property which is the
subject matter of the proceedings;
*Opportunity to be heard given the defendant;
and
*Judgment to be rendered after lawful hearing
2. In administrative proceedings
*notice and hearing may be dispensed with
where because of public need or for
practical reasons, the same is not feasible.
*arrest whilst pending charges and investigation
Substantive Due Process
 if the law in question is a valid law, it is within
the power of the law-making body to enact and
is reasonable in its operation
PERSONS PROTECTED
PERSON
PERSON
Embraces all
persons within the
territorial
jurisdiction of the
Philippines,
without regard to
any difference in
race, color, or
nationality,
including aliens.
LIFE
 LIFE
Something more
than mere
animal
existence.
Extends to all
the limbs and
faculties by
which life is
enjoyed.
LIBERTY
LIBERTY
Denotes not only
freedom from physical
restraint, but also
embraces the right of
man to use his
faculties with which he
has been endowed by
his Creator subject
only to the limitation
that he does not
violate the law or the
rights of others.
PROPERTY
PROPERTY
Thing itself or the
right over a thing.
It also includes the
right to own, use,
transmit and even
to destroy, subject
to the right of the
state and of other
persons.
What constituted deprivation?
 What constituted deprivation?

Deprivation Deprivation Deprivation

Of Of Of
Life Property Liberty
Equal Protection of the Laws
Equal Protection of the Laws

“all persons subject to legislation should

be treated alike, under like
circumstances and conditions both in the
privileges conferred and liabilities
imposed.”
Class Legislation
 Class Legislation

Discriminates against some and

favors others when both are
similarly situated or
circumstanced.
Reasonable Classification Permitted
Reasonable Classification Permitted

persons and properties may be grouped

wherein special legal rights or liabilities may
be attached.
no violation as long as the classification is
reasonable, arbitrarily or capricious and all
within the same class are treated alike
Scope of the Guarantee
 Scope of the Guarantee
prohibition contained in the guarantee of equal
protection (and due process of law) is a restraint on all
the organs of the government and on the subordinate
instrumentalities and subdivisions thereof, and on the 3
inherent powers of governments (police power, taxation
and eminent domain)
available to all persons
does not extend to rights which are political
not intended to enforce social equality
 SECTION 2
The right of the people to be secure in
their persons, houses, papers, and
The right of the
effects people
against to be securesearches
unreasonable in their persons,
and papers,
houses, seizuresand
of whatever natureunreasonable
effects against and for
anyand
searches purpose shall
seizures of be inviolable,
whatever andand
nature no for any
search warrant or warrant of arrest shall
purposeissue
shallexcept
be inviolable, and no search
upon probable cause to warrant or
be determined
warrant personally
of arrest shall by the
issue except judge
upon probable
cause toafter the examination
be determined underby
personally oath
theor
judge after
affirmation of the complainant and the
the examination
witnessesunder
he may oath or affirmation
produce, and of the
particularly
complainant describing
and the witnessestheheplace
may to be
produce, and
searched
particularly and thethe
describing persons
place or
to things
be to
searched and
be seized.
the persons or things to be seized.
SEARCH WARRANT
 SEARCH WARRANT
Order in writing, issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search certain personal property and bring it
before the court.
WARRANT OF ARREST
 WARRANT OF ARREST

Which states a command to

arrest a person designated to take
him to custody.
Scope of the Protection
 Scope of the Protection

PAPERS
HOUSES PERSON And
EFFECT
HOUSES
HOUSES
Dwelling,
extends to
garage,
warehouse,
shops, stores etc.
but does not
extend to open
spaces and fields
belonging to one.
PERSON
PERSON
Everybody
Aliens
Corporations
PAPERS and
EFFECT
PAPERS and
EFFECT
Sealed letters
and packages
which may be
opened and
examined only in
pursuance of a
valid search
warrant.
When Search and Seizure is Unreasonable
When Search and Seizure is Unreasonable

illegal vs legal
judicial question determinable from a
consideration of the circumstances
involved
Requisites for valid search warrant/warrant
of arrest
Requisites for valid search warrant/warrant
of arrest
Issued upon probable cause
Probable cause must be determined personally by
the judge himself
Determination of the existence of probable cause
must be made after examination by the judge of the
complainant and the witnesses he may produce
Warrant must particularly describe the place to be
searched, the persons or things to be seized
PROBABLE CAUSE
 PROBABLE CAUSE

facts and circumstances antecedent to the

issuance of a warrant sufficient in
themselves to induce a cautious man to
rely upon them and act in pursuance
thereof
introduction of a competent proof
Sufficiency of affidavit upon which warrant
is based
Sufficiency of affidavit upon which warrant
is based

Test of sufficiency affidavit-whether it had

been drawn in such manner that perjury
could be charged thereon and affiant be held
liable for damages caused in case his
declarations are false.
Basis of affidavit- personal knowledge or
information
Sufficiency of Description
Sufficiency of Description

Place
Person
Property
Right against unreasonable search and
seizure, personal
Right against unreasonable search and
seizure, personal

Proper party to invoke right

Right subject to waiver
When search and seizure may be made
without warrant
When search and seizure may be made
without warrant
i. consent/waiver
ii. search is an incident for lawful arrest
iii. contraband/forfeited goods being transported where the officer
making it has reasonable cause for believing that the latter
contains them
iv. possession of article prohibited by law is disclosed to plain view or
is open to eye and hand
v. supervision and regulation in the exercise of police power
vi. routinary searches
When arrest may be made without
warrant
 When arrest may be made without
warrant
i. The person to be arrested has committed, is actually committing,
or is attempting to commit an offense
ii. Offense has been committed and he has personal knowledge of
facts indicating that the person to be arrested has committed it
iii. Person to be arrested is a prisoner who has escaped from a penal
establishment
 SECTION 3
 The privacy of communication
Theand
privacy of communication
correspondence shall be and
inviolable except
correspondence shall be upon lawful except
inviolable
order of the court, or when public
upon safety
lawfulororder of the court,
order requires otherwise
or when
public safety or order
as prescribed by requires
law otherwise as
 Any evidence
prescribedobtained in
by law.
violation of this or the preceding
Any evidence obtained in violation
section shall be inadmissible for of this or
any purpose
the preceding in any
section proceeding
shall be inadmissible
for any purpose in any proceeding.
RIGHT TO PRIVACY
RIGHT TO PRIVACY
Right to be left alone
Right of a person to be free
from undesired publicity, or
disclosure of his communication
and correspondence and as the
right to live without unwarranted
interference by the public in
matters with which the public is
not necessarily concerned.
Basis and Purpose
of the Right
Basis and Purpose
of the Right
Right existing in the
state of nature
Right designed to
secure enjoyment of
one’s private life
 Relationship with
Right Against
Unreasonable Searches
and Seizures
 Relationship with
Right Against
Unreasonable Searches
and Seizures
Aspect of right to be
secure in one’s person
Privacy of
communication and
correspondence
 Limitations on
the Right to
Privacy of
Communications
 Permissible
interference
Limitations on 1.Upon lawful
order of the court
the Right to 2.Public safety or
Privacy of order requires
Communications otherwise as
prescribed by law
Intervention of court
Evidence illegally
obtained
Evidence illegally
obtained
Inadmissible
Reason
Right of owner
Judicial remedy available to any individual whose right
to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public
official or employee or a private individual or entity
engaged in the gathering, collecting, or storing of data
or information regarding the person, family, home or
correspondence of the aggrieved party.
Purpose
 Purpose
The writ, together with the writ
of habeas corpus and writ of
Amparo completes the legal
armory and remedy of a citizen
against violations and threats to
his rights to life, liberty, security
and information
How Writ Operates?
 How Writ Operates?
 Filing of petition to court
 May be filed by the family
member or relative (In case of EJK
and disappearance)
 Court will issue the writ upon the
filing of the respondent of a written
return under oath with supporting
affidavits which will be followed by
the hearing
 When proven, the court shall
enjoin the act complained or order
the deletion, destruction or
rectification of data or information
or documents if found erroneous or
false; otherwise, the writ shall be
denied
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.
Freedom of Speech, and Expression, and of the Press
Freedom of Speech, and Expression, and of the Press

The right to freely utter and publish whatever

one pleases without previous restraint, and to be
protected against any responsibility for so doing
as long as it does not violate the law, or injure
someone’s character, reputation, or business.
 The constitutional guarantee of freedom of expression
includes the specific guarantees of free speech and free
press, the rights of assembly and petition, the right to form
associations or societies not contrary to law, and the right to
religious freedom.
B.) Scope of terms
“Speech”,
“Expression”, and
“Press”
 “Speech” and “Expression” cover any form of
oral utterances such as protests as expression of
opinion about subjects of public concern.
 The “Press” covers any sort of
publications as instruments for mass
communications.
C.) IMPORTANCE OF THE GUARANTEE
 C.) IMPORTANCE OF THE GUARANTEE

1.Promotes growth of the individual and the nation.

2.Makes possible scrutiny of acts and conduct of
public officials.
3.Insures a responsive and popular government.
D.) FREEDOM OF EXPRESSION NOT ABSOLUTE
D.) FREEDOM OF EXPRESSION NOT ABSOLUTE

1.Subject to regulation by the state.

2.Subject one to liability when abused.
E.) JUSTIFICATION
FOR
ABRIDGMENT OF
FREEDOM OF
SPEECH AND OF
THE PRESS
E.) JUSTIFICATION 1.Clear and
FOR present danger
ABRIDGMENT OF rule.
FREEDOM OF
SPEECH AND OF 2. Application
THE PRESS
of rule.
F.) RIGHT OF ASSEMBLY
AND RIGHT OF PETITION
RIGHT OF ASSEMBLY
The right on the part of the citizens to meet peaceably for
consultation in respect to public affairs.
RIGHT OF PETITION
The right of any person or group of persons, to apply without fear
of penalty to the appropriate branch or office of government for
redress of grievances.
G.) RELATIONSHIP WITH FREEDOM OF
SPEECH AND OF THE PRESS
SPEECH

PRESS
1.Complement of right of free speech.

2. Application of clear and present

danger rule.
 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.
RELIGIOUS
FREEDOM
 Conscience, without dictation or interference by
any person or power, civil or ecclesiastical.
RELIGIOUS The right of a man to worship God, and to
FREEDOM entertain such religious views as appeal to his
individual.
RELIGION
 RELIGION

All forms of belief in the existence of superior beings

exercising power over human beings and imposing rules of
conduct with future state of rewards or punishments.
ASPECTS OF RELIGIOUS FREEDOM
ASPECTS OF RELIGIOUS FREEDOM

1.The separation of Church and State

2.The freedom of religious profession
and worship.
FREEDOM OF RELIGIOUS
PROFESSION AND
WORSHIP
 1. Freedom to believe in a religion.
FREEDOM OF RELIGIOUS
PROFESSION AND 2. Freedom to act in accordance
WORSHIP with such belief.
RIGHT TO DISSEMINATE RELIGIOUS BELIEFS
RIGHT TO DISSEMINATE RELIGIOUS BELIEFS

1.Relationship with right to believe.

2.Justification for restraint of right.
LICENSE FEE OR TAX ON SALE OF RELIGIOUS ARTICLES
LICENSE FEE OR TAX ON SALE OF RELIGIOUS ARTICLES

1.Permission or condition for exercise of right.

2.Imposition of financial burden after exercise of
right.
RELIGIOUS TEST PROHIBITED
 1.Meaning of Terms
a. A religious test is one
demanding the avowal or
repudiation of a certain
religious beliefs before the
performance of any act.
b.The expression of civil political
rights (supra) is to be
understood as including the
individual right safeguarded by
the Constitution and statutory
laws.
2.Reason for Provision
a.Without such prohibition,
religious freedom becomes
meaningless. The State
without such a bar,
notwithstanding the
doctrine of its separation
from the Church, could in
fact accord preference to a
religious organization.
 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.
LIBERTY OF ABODE AND TRAVEL
LIBERTY OF ABODE AND TRAVEL

It is the right of a person to have

his home in whatever place chosen
by him and thereafter to change it
at will, and to go where he pleases,
without interference of any source.
LIMITATIONS ON THE RIGHT
1.Permissible Interference
1.Permissible Interference
The right is qualified by the
clauses “except upon lawful
order of the court” and “except
in the interest of the national
security, and public safety or
public health as may be
provided by law.”
2.Intervention of the court
 2.Intervention of the court
Note that under the second limitation,
a court order is not necessary. The
determination of the proper executive
officer (President) is subject to judicial
reviews.
A person whose liberty of abode is
violated may petition for a writ of
habeas corpus against another holding
him in detention.
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.
Right to information on matters of
public concern.
1. Access to official records for
exercise of right.
 1. Access to official records for
exercise of right.

a)The right of access in the provision

implements the right to information. They
are cognate rights, resting on the premise
that informed and critical citizens are in
the best position to promote, protect and
defend the values of a democratic society.
2. Arguments in Support of Right.
2. Arguments in Support of Right.
a) It is in consonance with the principle of the popular
sovereignty;
b) It will enable the people to participate more effectively in
governmental affairs;
c) It will make denunciation of government more factual,
responsible, and effective;
d) It will provide a deterrent to the commission of venalities;
e) It will reduce public suspicion of officials.
3. Constitutionality
or validity of
implementing law.
Scope of the Right.
Scope of the Right.
1. The right embraces all public
records;
2. It is limited to citizens only but is
without prejudice to the right of
aliens to have access to records of
cases where they are litigants; and
3. Its exercise is subject to such
limitations as may be provided by
law.
Limitations on the Right.
Limitations on the Right.

1.Public records
excepted.
2.Burden on
government to justify
withholding of
information
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.
Meaning of right to form associations, etc.
Meaning of right to form associations, etc.

The right to form associations is the freedom to

organize or to be a member of any group or
association, union, or society, and to adopt the rules
which the members judge most appropriate to
achieve their purpose.
Purposes of the guarantee.
1. Undoubtedly, the purpose of the constitutional
guarantee is to encourage the formation of voluntary
associations so that through the cooperative activities
of individuals, the welfare of the nation may be
advanced and the government may thereby receive
assistance in its ever-increasing public service
activities.
2. By enabling individuals to unite in the performance of tasks
which singly they would be unable to accomplish, associations
relieve the government of a vast burden. The needs of the
social body seek satisfaction in one form or the other and if
they are not secured by voluntary means, the assistance of the
government will inevitably be invoked.
LIMITATIONS ON THE RIGHT
LIMITATIONS ON THE RIGHT

The right to form associations or societies may be

abridged or interfered with by the State in the exercise
of its police power. (Infra.) This is the meaning of the
phrase “for purposes not contrary to law.”
Private property shall
not be taken for public
use without just
compensation.
 Essential or inherent
powers of government.
1. Totality of governmental power.
1. Totality of governmental power.

It is contained in three (3) great powers,

namely: (1) power of eminent domain, (2)
police power, and (3) power taxation.
2. Similarities
 2. Similarities
These powers are similar in the ff. respects:

a. They all rest upon necessity because there can be no effective government without them;

b. They are inherent in sovereignty; hence they can exercised even without being expressly
granted in the Constitution although the conditions for their exercise may be regulated and
limited by the Constitution and by law;

c. They are ways by which the State interferes with private rights and property.

d. They are all legislative in character; and

e. They all presuppose an equivalent compensation received, directly or indirectly, by the

person affected by the exercise of these powers by the government. (Infra.)
EMINENT DOMAIN
EMINENT DOMAIN
Right or power of the State or of
those to whom the power has
been lawfully delegated to take
(or expropriate) private property
for public use upon paying to the
owner a just compensation to be
ascertained according to law.
Conditions for or limitation
upon its exercise.
Conditions for or limitation
upon its exercise.

1.Existence of public use.

2.Payment of just
compensation
3.Observance of due process
of law in the taking.
Meaning of
“taking.”
1. Actual physical seizure not
essential.
1. Actual physical seizure not
essential.
Taking under the power of eminent
domain refers not simple to actual physical
seizure or appropriation of the property but
also to its destruction or impairment, or to
limitation of its usual and necessary
employment or use by its owner, not as a
consequence of police power.
2. The “taking” must be
direct.
2. The “taking” must be
direct.
The Constitution does not
require that property losses
incidental to the exercise of
governmental power be
compensated for.
POLICE POWER
POLICE POWER
Referred to as the owner of the
State to enact such laws or
regulations in relation to persons
and property as many promote
public health, public morals,
public safety, and the general
welfare and convenience of the
people.
Basis of Police Power.
Basis of Police Power.
 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 as not to injure
another’s property)
Illustrations of police
power laws.
Illustrations of police
power laws.
(1)Public health.
(2)Public morals.
(3)Public safety.
(4)General welfare and
convenience.
 Taxation is the power of the State to impose charge or
burden upon persons, property, or property rights, for the use
and support of the government and to enable it to discharge
its appropriate functions.
Theory and
Basis of
Taxation.
1. The power of taxation proceeds upon
the theory that the existence of
government is a necessity that it cannot
continue without means to pay its
expenses, and that for these means it
has a right to compel all its citizens and
property within its limits to contribute.
2. The basis of taxation is found in the
reciprocal duties of protection and support
between the State and its inhabitants. In
return for the citizen’s contribution for the
support of the government, the State is
supposed to make adequate and full
compensation in the form of benefits and
protection which it gives to his life, liberty,
and property.
 Taxes are the enforced proportional
contributions from persons and property
levied by the law making body of the State
by virtue of its sovereignty for the support
of the government and all public needs.
Distinctions among the three powers.
Distinctions among the three powers.
1.As to authority which
exercises the power.
2.As to purpose.
3.As to effect.
4.As to persons affected.
5.As to benefits received.
No law impairing the
obligation of
contracts shall be
passed
Meaning of obligation of a
contract
Scope of terms “laws” and
“contract”
Purpose of non-
impairment prohibition
When obligation of
contract impaired
Freedom to contract not
absolute
OBLIGATION OF CONTRACT
The law or duty which binds
the parties to perform their
agreement according to its
terms or intent, if it
(agreement) is not contrary
to law, morals, good
customs, public order, or
public policy.
Scope of terms “laws”
and “contract”
 (1) The law, the enactment of which is
prohibited, includes executive and
administrative orders of the President,
administrative orders issued by heads of
departments, and ordinances enacted by local
governments. The guarantee is not violated
by court decisions of by acts of boards of
officers acting in a quasi-judicial capacity
(i.e., like a judge)
 (2) The contract, the obligation of which is
secured against impairment under the
Constitution, includes contracts entered into
by the government. An example of
impairment by law is when a tax exemption
based on a contract entered into by the
government is revoked by a later taxing
statute. The State when contracting does so
upon same terms.
 (3) A contract which entitled to protection
against impairment must be a valid one. Note
that marriage is more than a mere contract;
it is a status. Hence, it is outside of the
contemplation of the constitutional provision.
(See Art. XV, Sec. 2)
Purpose of non-impairment
prohibition
Purpose of non-impairment
prohibition
The provision implements the
constitutional right to
freedom of contract which is
embraced in the concept of
liberty.
When obligation of
contract impaired
1. Change of terms and conditions.
1. Change of terms and conditions.
A law which:
a. takes from a party a right to which he is entitled under the
contract;
b. deprives him of means of enforcing such right;
c. Imposes conditions not expressed in the contract, or dispenses
with those which are; or
d. diminishes the consideration agreed upon by the parties, as to
diminish the value of the contract, is void as impairing the
obligation of the contract within the meaning of the Constitution.
2. Retroactive/prospective
application of law.
 2. Retroactive/prospective
application of law.
For instance, a law increasing or decreasing
the rate of interest for the loan of money
cannot apply retroactively to loans contracted
before its enactment, otherwise impairment
will result. Laws impairing obligation of
contracts are necessarily retroactive or
retrospective.
Freedom to contract not
absolute
Freedom to contract not
absolute
The freedom of contract is necessarily
limited by the exercise of the polite power
of the State in the interest of general
welfare (See Sec. 8) and especially in
view of the explicit provisions in the
Constitution with reference to the
promotion of social justice.
Free access to the courts and
quasi-judicial bodies and
adequate legal assistance
shall not be denied to any
person by reason of poverty.
Constitutional rights of the accused in criminal
cases.
Reasons for constitutional safeguards.
Right to free access to the courts and quasi-judicial
bodies.
Right to adequate and legal assistance.
Constitutional rights of
the accused in criminal
cases.
1. The right to adequate legal assistance;
2. The right, when under investigation for the
commission of an offense, to be informed of his
right to remain silent and to have counsel;
3. The right against the use of torture, force,
violence, threat, intimidation or any other means
which vitiates the free will;
4. The right against being held in secret,
incommunicado, or similar forms of solitary
detention;
5. The right to bail and against excessive bail;
6. The right to due process of law;
7. The right to presumption of innocence;
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and
cause of the accusation against him;
10. The right to have a speedy, impartial, and
public trial;
 11. The right to meet the witnesses face to
face;
12. The right to have compulsory process
to secure the attendance of witnesses and
the production of evidence in his behalf;
13. The right against self-incrimination;
14. The right against detention by reason
of political beliefs and aspirations;
15. The right against excessive fines;
16. The right against cruel, degrading,
or inhuman punishment;
17. The right against infliction of the
death penalty expect for heinous
crimes; and
18. The right against double jeopardy.
Reasons for constitutional
safeguards.
There are several reasons underlying the
tenderness of our Constitution on the
subject of the rights of an accused.

1. A criminal case, an unequal contest

2. Criminal accusation, a very serious
matter.
3. Protection of innocent, the underlying
purpose.
1. A criminal case, an unequal contest. - For one
thing, every criminal case is a contest between an
individual and the government. It is of necessity an
unequal contest because the parties are of unequal
strength. The government is very powerful. It is the
repository of the enormous power of organized
society.
2. Criminal accusation, a very serious matter. -
Moreover, experience teaches that it is a very serious
matter for the government formally to accuse a man
of having committed a crime. The defendant by being
merely accused may find himself in immediate
trouble, whether guilty or not. He may lose his job, or
be suspended from it pending trial. His reputation is
under an immediate cloud.
3. Protection of innocent, the underlying
purpose. – The purpose then is not to coddle
wrongdoers of to protect the guilty but to assure
that the truth will be discovered and that justice,
which is a very end of government, will be
done.
Right to free access to the courts and
quasi-judicial bodies.
Right to free access to the courts and
quasi-judicial bodies.
The guarantees of due process and equal
protection of the laws assure all persons like
access to the courts as well as quasi-judicial
bodies of the country for the protection of their
persons and property, the prevention and redress
of wrongs, and the enforcement of contracts. But
such guarantees are futile if persons without
financial means are prevented from going to
courts on account of their poverty.
Right to adequate and legal
assistance.
 Right to adequate and legal
assistance.
It may not be sufficient to just grant the rights of
a pauper (i.e., exemption from payment of court
fees) to poor litigants. The State has also the
constitutional duty to provide free and adequate
legal assistance to citizens when by reason of
indigence or lack of financial means, they are
unable to engage the services of a lawyer to
defend them of to enforce their rights in civil,
criminal, or administrative cases.
 (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 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 and rehabilitation
of victims of torture or similar
practices, and their families.
Rights of person under investigation.
Rights of person under investigation.
Any person under criminal investigation for the commission of an offense
shall have the right:
a) to be informed of his right to remain silent;
b) to have competent and independent counsel preferably of his own choice
or to be provided with one;
c) against the use of torture, force, violence, threat, intimidation, or any
other means which vitiates the free will; and
d) against being held in secret, solitary, incommunicado, or other similar
forms of detention.
Effect of violation of rights.
Effect of violation of rights.
To give force and meaning to the
constitutional provision, any confession
obtained in violation of any of the above
rights is declared inadmissible in evidence
before any proceeding and violators shall be
subject to penal and civil sanctions to be
provided by law.
When rights can be invoked.
When rights can be invoked.
Section 12 provides the procedural safeguards to secure
the rights of the accused particularly the privilege
against self-incrimination (Sec. 17.) of persons under
arrest or in custody of law enforcement officers. The
words “under investigation” includes custodial
interrogation or investigation where the proceeding is
not a mere general inquiry into an alleged crime, but has
begun to focus on a particular suspect taken into custody
by the police who carry out a process of interrogation.
Waiver of right of silence
and to counsel.
Waiver of right of silence
and to counsel.
The right of silence and to
counsel cannot be waived
except (1) in writing and (2) in
the presence of counsel. This
requirement is not found in the
1973 Constitution.
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.
Meaning of bail
Purpose and form of bail
Who may not invoke the right to bail
Meaning of capital offense
Excessive bail
BAIL
 BAIL
The security required by a
court and given for the
provisional or temporary
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.
 The right to bail is available to any person
arrested, detained, or otherwise deprived of his
liberty, whether or not an information (criminal
complaint) has been filed against him.
 (1) It cannot be invoked
where the applicant is not
yet in custody of the law
because he went into hiding
and is at large, and hence, a
free man even when he has
already been criminally
charged in court.
(2) It is also not available to
one charged with capital
offense or an offense
punishable by reclusion
perpetua, life
imprisonment, or death if
the evidence of his guilt is
strong. (Sec. 13.)
 (3) Under the Rules of
Court, “no bail shall be
allowed after the
judgement has become
final, or after the
accused has commenced
to serve sentence.”
 A capital offense, for purposes of the above
provision, is an offense which, under the law
existing at the time of its commission, and at
the time of the application to be admitted to
bail, may be punished with reclusion perpetua,
life imprisonment, or death.
Excessive Bail
 Excessive Bail
(1) Importance of prohibition. – The Constitution ordains that
excessive bail shall not be required. (Sec. 13.)
(2) Reasonableness of bail. – What amount is a reasonable bail rests
mainly upon the discretion of the judge. He has to take into account
in deciding the matter, among others, the nature (gravity or
seriousness) of the offense, the penalty which the law attaches to it,
the probability of guilt, and the financial condition of the accused.
That which is reasonable bail to a man of wealth is equivalent to a
denial of right if exacted of a poor man charged with a like offense.
(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 the 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 unjustifiable.
Rights of the accused
Rights of the accused
1.Right to due process of law
2.Right to be presumed innocent
3.Right to be heard by himself and counsel
4.Right to be informed of the nature and cause of the
accusation against him
5.Right to have a speedy, impartial and public trial
6.Right to meet the witnesses face to face
7.Right to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf
 Right to due
process of law.
1.Due process in its procedural aspect
Due process requirements:
a.)The accused must be
•Tried before a competent court
•Given a fair and impartial trial;
and
•Allowed to use all legal means and
opportunity to defend himself; and
b.)The judgment awarded against him
must be within the authority of valid law
2.Observance of fundamental fairness
Right to Presumption of Innocence
1.Safeguard against false conviction.
 this presumption of innocence is a guarantee
that no person shall be convicted of a crime
except upon confession or unless his guilt is
established by proof beyond reasonable doubt.
2.Requirement of proof of guilt
beyond reasonable doubt.
 there should be an evidence that is strong
enough to convince the court that the
accused is clearly and unmistakably guilty.
“It is better to acquit a person upon
the ground of reasonable doubt even
though he may in reality be guilty,
than to inflict imprisonment on one
who may be innocent”
Right to be heard by himself and
counsel.
 Right to be heard by himself and
counsel.
1.“In all criminal prosecutions, the defendant shall be entitled xxx to be
present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment.”
2.“The accused must be present at the arraignment and must be personally
enter his plea.”
3.“After a plea of not guilty, the accused is entitled to two days to prepare
for trial unless the court for good cause grants him further time.”
4.“Before arraignment, the court shall inform the accused of his right to
counsel and shall ask him if he desires to have one. Unless the accused is
allowed to defend himself in person, or he has employed counsel of his
choice, the court must assign a counsel de oficio to defend him.”
COUNSEL DE OFICIO
It is an attorney appointed
by the court to an indigent
(poor) criminal defendant.
Arraignment
Arraignment
Made in open court by the
judge or clerk, and consists in
furnishing the accused a copy
of the complaint or
information with the list of
witnesses, reading in the same
language known to him and
asking him whether he pleads
guilty or not guilty.
 Right to be informed of
the nature and cause of the
accusation against him.
 Right to be informed of
the nature and cause of the
accusation against him.

1.Specific allegations of
crime charged.
2.Remedy of accused
whose rights are violated.
Right to have speedy, impartial, and
public trial.
Speedy trial
 Speedy trial
Means one that can be had as
soon as possible, after a person is
indicted and within such time as
the prosecution, with reasonable
diligence, could prepare for it.

Conducted according to fixed

rules, regulations, and
proceedings of law free from
vexatious, capricious, and
oppressive delays.
Impartial trial
Impartial trial
Implies an
absence of
actual bias in
the trial of
cases.
Public trial
Public trial
The accused’s friends
and relatives and others
who may be inclined to
watch the proceedings
in order to see if justice
is intelligently and
impartially
administered.
Right to confrontation of witnesses.
1.Cross- examination of witnesses by the
accused.
1.Cross- examination of witnesses by the
accused.

To give the accused an

opportunity to cross-examine
witnesses against him to test
their recollection and veracity.
 Supportive
cross-
examination

Discrediting
cross-
examination
2.Assessment by the court of witness’
credibility.
2.Assessment by the court of witness’
credibility.

To give the judge (trier of facts)

an opportunity to see the
demeanor and appearance of
the witnesses while testifying.
Right to compulsory production of witnesses
and evidence.
Right to compulsory production of witnesses
and evidence.

The accused has the right to have

compulsory process issued to
secure the attendance of witnesses
and the production of evidence in
his behalf.
Subpoena
Subpoena
Written order
that commands
someone to
appear in court
to give evidence.
Subpoena ad testificandum

Subpoena duces tecum

Subpoena ad
testificandum
Subpoena ad
testificandum

Order to a
person to
appear and
testify in court.
 Subpoena
duces tecum
 Subpoena
duces tecum

Order to a person
to produce in court
certain documents,
articles, or other
evidence
Trial in Absentia
Trial in Absentia
Trial is being
held even without
the physical
presence of the
accused.
 1.Conditions
•He has been arraigned
•He has been duly
notified of the trial; and
•His failure to appear is
unjustifiable.
2.Reason for rule
The rule is in the interest
of a speedy administration
of justice which should be
afforded not only to the
accused but to the
offended party as well.
 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.
Writ of Habeas
Corpus.
 Writ of Habeas
Corpus.
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.
Purpose of the
writ.
 Purpose of the
writ.
To inquire into all manner of
involuntary restraint or
detention as distinguished
from voluntary
To relieve a person
therefrom if such restraint is
found illegal
How Writ Operates.
WRIT
 WRIT
Order from the court
requiring a person detaining
another to show cause for
the detention.
RETURN
RETURN
Written
explanation of the
cause of the
caption and
detention of the
prisoner.
Privilege of the writ
 Privilege of the writ

Order from the court to

release an individual if it
finds detention without legal
cause or authority.
Suspension of the privilege of the writ.
Suspension of the privilege of the writ.

The privilege of the writ of habeas corpus (not the

writ itself) may be suspended by the President
(Art.7, Sec.18) in case only of invasion or rebellion,
when the public safety requires it. Consequently,
the person under detention by the government
may not obtain his liberty by its use.
Writ of Amparo
Writ of Amparo
Judicial remedy that
provides speedy relief to
protect the people’s right to
life, liberty and security in
cases involving enforced
disappearances or
extrajudicial killings, or
threats thereof.
Purpose of the Writ
Purpose of the Writ

To provide rapid judicial

relief in a summary
proceeding whose principal
objective is to address
violations or threats of
violations of the right to
life, liberty, or security.
How writ operates
Duty of respondents
Duty of respondents
They will have to produce
documents or evidence to
support claims that they did
not violate the rights to life,
liberty, and security of the
aggrieved party.
Interim Reliefs
 Temporary
Protection Order
 Temporary
Protection Order
The court orders that the
family of victims will be
protected by a government
agency in order to secure
their safety.
Inspection order
Inspection order
The court orders to permit
inspection, measuring, surveying,
or photographing the property to
any person in possession of
something. Which is by law must
be supported by affidavits or
testimonies of witnesses.
Production order
Production order
The court orders to any
person in possession of
documents, papers, etc.
to present these items.
Witness protection
order
 Witness protection
order
The court refers the
witnesses to be protected
by a government agency
in order to keep and
secure their safety.
 All persons shall have the
right to a speedy disposition
of their cases before all
judicial, quasi-judicial, or
administrative bodies.
 Right to speedy
disposition of cases.
Importance of right
 Importance of right
Upholds the time-
honored tradition of
speedy justice as stated in
the truism “Justice
delayed is justice denied”
Invocation of right
Invocation of right
The right to a speedy
disposition of cases can be
invoked only after the
termination of the trial or
hearing of the case.
Time limit in disposition
of cases
Time limit in disposition
of cases

Under the present constitution,

the supreme court, all lower
collegiate courts, and all other
lower courts are required to
decide or resolve cases within a
certain period of time.
Cases contemplated
Cases contemplated
The provision contemplates the
disposition of cases involving
private interests not only
before judicial bodies, but also
before quasi-judicial, and
administrative bodies.
No person shall be
compelled to be a
witness against
himself.
A protection against self-incrimination which
may expose a person to criminal liability
 To involve
oneself or
another
[person] in a
criminal
prosecution or
the danger
thereof
 To involve The act of
oneself or exposing
another oneself
(generally, by
[person] in a
making a
criminal statement) to
prosecution or an accusation
the danger or charge of
thereof crime
The right is founded on grounds of:
He would be
placed under
the strongest
temptation to
commit the
crime of
perjury
Humanity
 Humanity

Prevents the extortion of confession by duress

Right to Silence
 Right to Silence

His failure or refusal to testify may not be used as a

presumption of guilt or taken as evidence against him
Scope of Guarantee
Scope of Guarantee
- applies in criminal cases as well
as in civil, administrative, and
legislative proceedings where
the fact asked for is a criminal
one
- it protects one whether he is a
party or a witness
Nature of Guarantee
 Nature of Guarantee
1. The right is purely personal and may be waived. It was never intended to permit a person
to plead the fact that some third person might be incriminated by his testimony, even
though he were the agent of such person

2. It may not be invoked to protect a person against being compelled to testify to facts which
may expose him only to public ridicule or tend to disgrace him

3. It may not be invoked simply because the testimony might subject one to some liability not
arising from any criminal action

4. It is applicable only to a present not a past criminality which involves no present danger of
prosecution. Hence, a witness cannot refuse to testify as to a crime which has already
prescribed
Form of Testimony Prohibited
1.Compulsory testimonial
self-incrimination
1.Compulsory testimonial
self-incrimination
Extricating from defendant’s
own lips, against his will, an
admission of his guilt.
The refusal of a person to
produce a specimen of his
handwriting is also included
within the privilege.
2. Instances of absence of
testimonial compulsion
 2. Instances of absence of
testimonial compulsion
However, there is no violation where:

a. The accused is forced to discharge morphine from his

mouth

b. The accused is compelled to place his foot on a piece

of paper to secure his footprint

c. The accused is compelled to be photographed or to

remove his garments and his shoes

d. Where a woman accused of adultery is compelled to

permit her body to be examined by physicians to
determine if she is pregnant
(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.
Right against detention solely by
reason of political beliefs and
aspirations
1. Incarceration without
charges of “political
prisoners.”
Incarceration
Incarceration
The state of being
confined in
prison;
imprisonment
 1. Incarceration without
charges of “political
prisoners.”
Upon the declaration of Martial Law, under
Proclamation No. 1081 the then incumbent
President, the military establishment
carried out a nationwide arrest and
detention of known political opponents and
critics of the administration.

Many remained in incarceration for years

without charges filed against them.
2. Suspension of privilege of writ of habeas corpus
even after lifting of martial law.
2. Suspension of privilege of writ of habeas corpus
even after lifting of martial law.

Insurrection
Subversion Conspiracy
or Rebellion
 3. Prohibition, a guarantee
against having “prisoners of
conscience.”
PRISONERS OF
CONSIENCE
 PRISONERS OF
CONSIENCE
a person who has been
imprisoned for holding
political or religious views
that are not tolerated by
their own government.
 3. Prohibition, a guarantee
against having “prisoners of
conscience.”
People can freely speak of what they
think is wrong within the government
and its leaders, or seek changes in the
government and its policies which
they believe to be necessary or the
removal of public officials unworthy
of their trust
INVOLUNTARY SERVITUDE
INVOLUNTARY SERVITUDE

Denotes a condition enforced,

compulsory service of one to another.
Applied to any service or labor which is
not free
SLAVERY
The state of
entire subjection
of one person to
the will of
another.
Peonage
 Peonage

The voluntary submission

of a person to the will of
another because of his
debt.
Basis and purpose of the prohibition
 Basis and purpose of the prohibition

1. The prohibition is grounded on the value accorded to human dignity in a

democratic and free society.

2. The purpose is to maintain a system of completely free and voluntary

labor by prohibiting the rendition of personal service by one who is
compelled by force, coercion or imprisonment, and against his will, for
another’s benefit. It is immaterial whether the labor is paid or not.
Exceptions to Prohibition
 Exceptions to Prohibition
1. When the involuntary servitude is imposed as a punishment for a crime whereof the party shall have been
duly convicted

2. When a personal military or civil service is required of citizens for the defense of the State

3. To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute

4. To exceptional services, such as military and naval enlistment. Thus, a statute punishing sailors who desert
their ship do not contravene the constitutional provision. From immemorial usage, sailors may not leave
their ships during a voyage.

5. To exercise parents by parents of their authority to require their children to perform reasonable amount of
work

6. When there is a proper exercise of the police power of the State. (supra.) Thus, persons may be required to
assist in the protection of the peace and order of the community, or to help build or repair public highways
and streets.
 (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.
 (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.
Right against excessive fines
 Right against excessive fines
The fines that shall be imposed is addressed to the
sound discretion of the court.

If it keeps within the limits of a statute, the fine cannot

usually be held unreasonable.

Courts will be justified in declaring a fine prescribed

by a statute excessive only when it is clearly so,
considering the nature of the offense and the ability of
the person punished to pay the fine.
 Right against cruel,
degrading, or inhuman
punishments.
 Right against cruel,
degrading, or inhuman
punishments.
This right, as contra -
distinguished from the right
against the use of torture, can
only be invoked after conviction
for a crime.
A.) Form of punishment
A.) Form of punishment

It can be said that punishments are

cruel and/or inhuman when they
involve torture or lingering death:
o Burning alive
o Mutilation
o Starvation
o Drowning
Death by Hanging,
Electrocution, or
Musketry
It is not considered cruel within
the meaning of that word as
used in the Constitution. Nor is
it inhuman.
Distierro or
Banishment
 It punishment is neither
cruel nor inhuman and so
valid.
Punishment
Punishment
It is degrading when it
brings shame and
humiliation to the victim,
or expose him to
contempt or ridicule, or
lowers his dignity and
self-respect as a human
being.
B.) Quantity or duration/severity
of punishment
The penalty of life imprisonment (or even death) is
not cruel nor inhuman when imposed for treason,
parricide, murder and other heinous offenses
 When penalty of life imprisonment (or even
death) is imposed for petty crimes like slander
or theft, it becomes cruel and inhuman
Purpose of the guarantee
 Purpose of the guarantee

To eliminate many
of the barbarous
and uncivilized
punishments
 Purpose of the guarantee
oPunishments that are
inflicted at the whipping
posts or in the pillory
oBurning at the stake
oBreaking on the wheel
oDisemboweling
Application of penalties or punishments
Application of penalties or punishments
The Constitution
mandates that the
employment of
punishments against any
prisoner or detainee
should be dealt with by
law
 Marcos
Administration:
 Marcos
Administration:
oSubversion
oPossession of firearms
oArson
oEmbezzlement
oIllegal fishing
 Cory Aquino
Administration:
 Cory Aquino
Administration:
oDeath penalty is reduced to
reclusion perpetua
oFor heinous crimes –
crimes that are so flagrant,
too cruel, and evil in nature
 Ramos
Administration:
 Ramos
Administration:
oRe-imposition of death
penalty through RA 7659
(Death Penalty Law)
oRA 8177 (Death by Lethal
Injection)
 Ramos
Administration:

oIdentifies 13
heinous crimes:
 Ramos
Administration:
Treason Piracy
Bribery Parricide
Murder Infanticide
Kidnapping
 Ramos
Administration:
Arson
Rape
Plunder
Serious Illegal Detention
 Ramos
Administration:
Theft of vehicle with
rape or murder
Certain drug offenses
Robbery with violence
 Arroyo
Administration:
 Arroyo
Administration:
RA 9346 (Prohibiting
the Imposition of Death
Penalty in the
Philippines)
Imposition of the Death Penalty
1. Commutation of death
penalties already imposed
1. Commutation of death
penalties already imposed
 Section 19 abolishes the death penalty

 It shall not be inflicted unless Congress

decides to reinstate it “for compelling reasons,
involving heinous crimes”

 Death penalties already imposed upon the

effectivity of the new Constitution were
automatically commuted to reclusion perpetua
or life imprisonment.
2. Crimes considered
heinous
2. Crimes considered
heinous
They can be said to cover
offenses that are exceedingly or
flagrantly bad or evil or those
committed with the extreme
cruelty as to shock the general
moral sense, such as:
2. Crimes considered
heinous
o Robbery with
o Treason
homicide
o Parricide
o Rape with
o Drug-trafficking homicide
o Murder o Killing a person
in stages
Arguments against
death penalty
A.) Proponents of death penalty
 A.) Proponents of death penalty
 It is cruel and inhuman for the convict and the family who are
traumatized by the waiting even if it is never carried out

 There is no conclusive evidence from penologists that it has a special

deterrent effect on criminality

 It deprives the convict of a chance of rehabilitation and reformation,

death being irreversible

 There is always a possibility of error in condemning a person to death

 The state has no right to deprive a person of his life; God is the giver of
life and only He can take it
B.) In favor with death penalty
 B.) In favor with death penalty
 It is not cruel and inhuman because the manner by which it is executed (now
by lethal injection) does not involve physical or mental pain nor unnecessary
physical or mental suffering, and it is imposed only for heinous crimes

 It does discourage others from committing heinous crimes and its abolition will
increase the crime rate

 A convict by his own acts has forfeited his right to life and shown his moral
incapability to be rehabilitated and reformed

 Its imposition is filled with numerous legal safeguards

 The state has the absolute right to take the life of a person who has proved
himself a great menace to society by way of self-defense and as an example and
warning to others
 No person shall be
imprisoned for debt or
non-payment of a poll
tax
 Intended to be covered by the
constitutional guarantee, means
any liability to pay money
arising out of a contact, express
or implied
 Basis and purpose of
prohibition against
imprisonment for debt
Humanitarian
Considerations
 Humanitarian
Considerations

One should not be

punished on
account of his
poverty
Prevention of use
of state power
Prevention of use
of state power
The constitution
seeks to prevent the
use of the power of
the state to coerce the
payment of debts
 Prohibition limited to
contractual obligations only
 Prohibition limited to
contractual obligations only
The inhibition was never meant to include:

1. Damages arising in action ex delicito (criminal

actions)

2. Fines and penalties imposed by the courts in

criminal proceedings as punishment for crime
POLL TAX
POLL TAX
Is a tax of a fixed amount
imposed on individuals residing
within a specified territory,
whether citizens or not, without
regard to their property or the
occupation in which they may be
engaged
Basis and purpose
of prohibition
against
imprisonment for
non-payment of
poll tax
1. The constitutional right is a
measure dictated by a sense of
humanity and sympathy for
the plight of the poorer
elements of the population
who cannot even afford to pay
their cedula or poll taxes​, now
community tax
2. It also seeks to prevent
the state from utilizing its
coercive power to compel
the payment of the tax
especially due from who’s
without financial means
 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.
 Right Against
Double Jeopardy
 Right Against
Double Jeopardy
The right against double jeopardy
means that when a person is
charged with an offense and the
case is terminated either by
acquittal or conviction or in any
other manner without the express
consent of the accused, the latter
cannot again be charged with the
same or identical offense.
Existence of Double Jeopardy
 1. Requisites - under present law and
jurisprudence, the accused is placed in
double jeopardy if the different conditions
are present:
 a. He has been previously brought to trial;
b. In a count of competent jurisdiction (i.e., court having
jurisdiction);
c. Under a valid complaint or information (i.e., sufficient in form
and substance to sustain a conviction);
d. He has been arraigned and pleaded (either guilty or not guilty) to
the charge;
e. He has been convicted or acquitted on the case against him has
been dismissed or otherwise terminated without his express consent;
and
f. He is being charged again for the same offense
2. Rule in case of mistrial

A re-trial becomes
necessary
Right to appeal in criminal cases
Right to appeal in criminal cases
1. The government has no right, therefore, to appeal
from a judgement of acquitted

2. The accused, after having been convicted, may

appeal to a higher court, but the latter may raise the
penalty imposed on him by the lower court and such is
not second jeopardy
Classes of Double
Jeopardy
 For the same offense
The protection is against double
jeopardy for the same offense and
not for the same act, provided he is
changed with a different offense.
 For the same act
Although the offense charged
are different; one constituting a
violation of a statute and the
other of an ordinance.
 No ex post facto
law or bill of
attainder shall be
enacted.
Ex post facto (after the fact) law
Ex post facto (after the fact) law
1. Makes an act done before the passage of a law, innocent when done,
criminal, and punishes such act; or

2. Aggravates a crime or makes it greater then when it was committed; or

3. Changes the punishment and inflicts a greater punishment than what the
law annexed to the crime, when committed; or

4. Alters the legal rules or evidence, and receives less testimony than or
different testimony from what the law required at the time of the commission
of the offense, in order to convict the offender
Characteristics of ex
post facto law
 Characteristics of ex
post facto law
1. Ex post facto laws relate to penal or criminal matters only
(civil interests are protected by the non-impairment clause)

2. They are retrospective in their operation; and

3. They deprive persons accused of crime of some protection

or defense previously available, to their advantage
Bill of Attainder
Bill of Attainder
Is a legislative act
which inflicts
punishment without a
judicial trial
Bill of pains and
penalties
Bill of pains and
penalties

Punishment less
than death
 Purpose of
prohibition against
bill of attainder
1. In a case where a law passed by the U.S. Congress declared
in one of its sections that three government employees named
therein were not to receive any salary after a certain date
because their subversive activities, the U.S. Supreme Court
held that the enactment was in the nature of a bill of pains and
penalties, the Congress assuming the role of a judge and giving
no hearing to the parties. Hence, the provision was void.
2. A law passed declaring members of an
association guilty of subversion and
subjecting them to imprisonment is
unconstitutional because it convicts and
penalizes without the benefit of judicial trial.
3. But the detention of a prisoner for a certain
period pending investigation and trial is not a
punishment; it is a necessary extension of the
well-recognized power of the state to hold a
criminal suspect for investigation.
CASE CLOSED
THANK YOU FOR LISTENING!