1. THE BILL OF RIGHTS Part II: Legal/ Political Rights

2. Article-III, Section-I Due Process of Law Article-III, Section-I Due Process of Law “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.”

3. “Deprivation of Life, Liberty, and Property when Due Process of Law is Observed” Legal/Political Rights Under Article-III, Section-I

4. Life –is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable. Legal/Political Rights Under Article-III, Section-I

5. 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. Legal/Political Rights Under Article-III, Section-I

6. Property -refers to anything that can come under the right of ownership and be subject of contract. Legal/Political Rights Under Article-III, Section-I

7. It is a legal maxims which hears before it condemns and renders judgment only after trial. Due Process of Law Legal/Political Rights Under Article-III, Section-I

8. 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. Legal/Political Rights Under Article-III, Section-I Classifications of Due Process

9. 3. Administrative Due Process -Due process for administrative hearing. “Ang Tibay Case” Legal/Political Rights Under Article-III, Section-I Classifications of Due Process

10. It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed. Equal Protection of Law Legal/Political Rights Under Article-III, Section-I

11.  Sample Case: If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law?  Answer: No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income. Legal/Political Rights Under Article-III, Section-I

12. Article-III, Section-2 Search Warrant and Warrant of Arrest Article-III, Section-2 Search Warrant and Warrant of Arrest “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.”

13. Legal/Political Rights Under Article-III, Section-2 The purpose of Section-II is to protect the privacy and the sanctity of the person and of his house and other possessions (papers, documents, effects, etc.) found therein against arbitrary intrusions by agents of the state.

14. What is a Search Warrant and Warrant of Arrest? Legal/Political Rights Under Article-III, Section-2

15. Search Warrant– is an order in writing, issued in the name of the people of the Republic of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for a certain personal property and bring it before the court. Legal/Political Rights Under Article-III, Section-2

16. Warrant of Arrest– is a command in formal writing issued against a person; to take him into custody of law in order that he may be bound to answer for the commission of an offense. Legal/Political Rights Under Article-III, Section-2

17.  A Valid Search Warrant and warrant of Arrest must have Probable Cause.  Probable Cause – means there are facts and circumstances attending the issuance of warrant sufficient to induce a prudent and cautious judge to rely on them.  The Probable Cause must be determined personally by the judge.  The Warrant must particularly describe the place to be searched, or the person or things to be seized. Legal/Political Rights Under Article-III, Section-2

18.  Search and Seizures can be made without Warrant in the following instances: Legal/Political Rights Under Article-III, Section-2 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; Warrantless Search and Seizures

19. 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) Legal/Political Rights Under Article-III, Section-2 Warrantless Search and Seizures

20.  Note: 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 security. Legal/Political Rights Under Article-III, Section-2

21.  A private individual can arrest a criminal even without a warrant, this is called “CITIZEN ARREST”. Legal/Political Rights Under Article-III, Section-2

22. 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. Legal/Political Rights Under Article-III, Section-2

23. 1.Flagrante Delicto (Caught in the Act)  Person to be arrested has committed, is actually committing, is attempting to commit an offense;  Such commission is in the presence of the arresting individual;  Arresting individual has personal knowledge of such commission. Warrantless Arrest Legal/Political Rights Under Article-III, Section-2

24. Note : (Commission of a Crime)  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.  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.  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. Legal/Political Rights Under Article-III, Section-2 Warrantless Arrest

25. 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. Legal/Political Rights Under Article-III, Section-2 Warrantless Arrest

26. 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. Legal/Political Rights Under Article-III, Section-2 Warrantless Arrest

27. Note : (Continuing Crime Doctrine)  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. Legal/Political Rights Under Article-III, Section-2 Warrantless Arrest

28. 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. Legal/Political Rights Under Article-III, Section-2 Warrantless Arrest

29.  Note :  Evidences obtained in violation of the right against unreasonable search are not admissible in evidence for being a “fruit of a poisonous tree”.  The "fruit of the poisonous tree" doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation.Exclusionary Rule Legal/Political Rights Under Article-III, Section-2 Effects of Illegal Arrest

30. Note:  The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial.  Fruit of the Poisonous Tree doctrine can only be invoked by individuals against an officer nor agent of the state. Legal/Political Rights Under Article-III, Section-2 Effects of Illegal Arrest

31. Purpose of the Fruit of the Poisonous Tree Doctrine:  To deter law enforcement from violating peoples’ rights against unreasonable searches and seizures conducted by government officers nor agents of the state. Legal/Political Rights Under Article-III, Section-2 Effects of Illegal Arrest

32. 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.”

33. Legal/Political Rights Under Article-III, Section-11 Note: If the accused cannot afford to hire a lawyer to defend his case, the government shall provide one for him. He shall be assisted and represented by a public prosecutor and a counsel from the Public Attorney’s Office, respectively.

34.  The Integrated Bar of the Philippines (IBP) is giving free legal assistance to underprivileged litigants.  A person who, due to poverty, cannot pay docket fee in civil case may apply in court to file his case as a pauper litigant. Legal/Political Rights Under Article-III, Section-11

35. 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.”

36. (2) “No torture, force, violence, threat, intimidation, or any other means which vitiate the free shall be used against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.” Article-III, Section-12 Right of Person under Custodial Investigation

37. (3) “Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.” Article-III, Section-12 Right of Person under Custodial Investigation

38. (4) “The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.” Article-III, Section-12 Right of Person under Custodial Investigation

39. Legal/Political Rights Under Article-III, Section-12 This section stresses the following: 1.Miranda Rights/Rules; 2.Permissible use of Police Power; 3.Admissible confessions; and 4.The right to redress in the event of a violation of these rights.

40. Miranda Rights/Rules - provides that before a person under a custodial investigation is questioned, he must be informed of the following: 1.The right to remain silent; 2.Anything he says can and will be used against him in the court; and 3.The right of a counsel and that if he cannot afford one, the government will provide for him. Legal/Political Rights Under Article-III, Section-12

41. “All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.” Article-III, Section-13 Right to Bail

42. Legal/Political Rights Under Article-III, Section-13 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.

43. 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. Legal/Political Rights Under Article-III, Section-13

44. Non-Bailable Crimes 1.Kidnapping; 2.Murder; 3.Rape; 4.Drug-Pushing; 5.Carnapping; 6.Or Crimes Under the Heinous Crime Law, Plunder Law and Dangerous Drugs Law. Legal/Political Rights Under Article-III, Section-13

45. Article-III, Section-14 Due Process in Criminal offense (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.”

46. ( 2) “In all criminal prosecutions, shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is justifiable.” Article-III, Section-14 Due Process in Criminal offense

47. Legal/Political Rights Under Article-III, Section-14  This Section Observes the Following: 1.Right to Due Process of Law in Criminal Cases; 2.Innocent Until Proven Guilty; 3.The Right to Confront One’s Accuser; and 4.Basis for Trials in Absentia.

48. Rights of the Accused During Trial a.Right to due process of law - simply stated, due process of law means fair trial, that is, a person court changed with a criminal offense before a court is given the opportunity to defend himself in court and that before a judgment is issued or rendered, there is trial; b. Right to presumption of innocence – in all criminal prosecutions, the accused is always presumed innocent; Legal/Political Rights Under Article-III, Section-14

49. c. Right to be informed of the nature cause of accusation against him – every person accused of an offense has the right to know the nature and the cause accusation against him and why the crime is imputed to him; d. Right to have a: Speedy trial -means one could be done immediately without capricious delays and according to established rules and procedures; Impartial trial -it is conducted by the court without bias for or against the litigants and that the case is decided solely on its merits; and Public trial -meaning, it is open to the public; EXCEPT: cases offensive to public morals or decency Legal/Political Rights Under Article-III, Section-14

50. e. Right to meet the witnesses face-to-face – the accused has the right to confront or meet the witnesses face to face to (1) allow the accused to cross-examine, through his counsel, the witnesses against him or in order to test and probe into the veracity or truth of their testimonies, affidavits and evidence; and (2) to afford the judge the opportunity to see for himself how the witnesses behave while testifying and being cross-examined; f. Right to compulsory process – every person with a crime has a right to have compulsory process to secure the appearance or attendance of witnesses and the production of his evidence; Legal/Political Rights Under Article-III, Section-14

51. General Rule: Accused has the right to be present always during trial Exception: Trial in absence of the accused- “Trial in Absentia” Conditions a)He has been arraigned; b)He has been duly notified of the trial c)His failure to appear is unjustifiable Legal/Political Rights Under Article-III, Section-14

52. “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.” Article-III, Section-15 Writ of Habeas Corpus Article-III, Section-15 Writ of Habeas Corpus

53. –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. Legal/Political Rights Under Article-III, Section-15

54. “No person shall be compelled to be a witness against himself.” Article-III, Section-17 Right Against Self-Incrimination Right Against Self-incrimination –the accused cannot be compelled to testify against himself.

55. “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi- judicial, or administrative bodies.” Article-III, Section-16 Speedy Disposition of Cases -This speaks of Speedy Disposition (right to have one’s case be resolved as fast as possible)

56. a. Right against detention for political beliefs – the constitution abhors the detention of any person by reason of his political beliefs or aspirations; b. Right against involuntary servitude – in person can be forced to render compulsory service to another; (e.g prohibition on slavery) Article-III, Section-18 Non-Imprisonment for Political Beliefs

57. a. Right to excessive fines – the constitutional guarantee against excessive fines ordains that the fine imposed on convict must be the one provided in the law; b. Right against cruel, degrading/ inhuman punishment Cruel punishment- this means that torture, mutilation or severance or cutting off of body parts, etc. or severe pain punishment Degrading punishment- it demeans the person of the convict/ putting one to public humiliation; Article-III, Section-19 Death Penalty to Reclusion Perpetua

58. “No person shall be imprisoned for debt or non- payment of a poll tax.” Article-III, Section-20 Non-Imprisonment for Debts Right against imprisonment for Non-Payment of Poll tax and Debt a.Poll Tax: -cedula/community tax certificate-for residence tax b. Debt: -simple -fraudulent(punishable)- limitation to the right

59. “No ex post facto law or bill of attainder shall be enacted.” Article-III, Section-22 Ex-Post facto Law/ Bill Attainder a. Ex-post Facto Law -law that punishes an act during the time of which it was committed was not yet a crime; it is prohibited EXCEPT: if favorable to the accused b. Bill of Attainder -convicting an accused without the benefit of trial

60. Right against double jeopardy– putting a person twice in jeopardy of punishment for the same offense constitutes double jeopardy. The guarantee provides protection to a person against the chance of being punished or tried twice for one and the same offense. Article-III, Section-21 Right Against Double Jeopardy

61. Thank You…