CLJ 2- HUMAN

RIGHTS LAW
Written By: ATTY. RIA CRUZ

Enhanced/Edited for NICOSAT use by:

ATTY. JUDELYN B. ACOSTA

0
NICOSAT
Basic Education Department

MODULE 2

LEARNING OBJECTIVES
At the end of the module, you should be able
to:
 Understand the important concepts related to
the right to life, liberty and property of an
individual
 Internalize the concept of due process
 Know the limits of the right to life, liberty and
property of an individual

TOPIC 2: The Right to Life, Liberty and Property

Teaching-Learning Activity/ Lesson Proper

Section 1, Article III, 1987 Philippine Constitution

No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied of the equal protection clause

Right to Life

The above provision guarantees the right of every individual who is brought into
this earth to be alive, upon which the enjoyment of all other rights are preconditioned.
Not only that, this right to life also guarantees a life free from fear of any unreasonable,
groundless and oppressive violation of his person and property. It is basically the right
to be alive and the right to enjoy this life.

Due Process

Due process is the legal requirement that the state must respect all rights that
are owed to a person. Due Process balances the power of the law of the land and
protects the individual person from it. It hears before it condemns, proceeds only after
an inquiry and renders judgment only after a trial. The essence of due process is the
opportunity to be heard. Due process basically requires notice and hearing.

Aspects of Due Process:

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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

1. Substantive Due Process

Substantive Due Process looks to whether there is sufficient justification
for the government’s action. Accordingly, there must be a penal statute which
sufficiently informs those who are subjected to it what conduct on their part will
render them liable to its penalties.

2. Procedural Due Process

Procedural due process refers to the procedures that the government
must follow before it deprives a person of life, liberty or property.

Equal Protection of the Law

Equal Protection simply requires that all persons or things similarly situated
should be treated alike, both as to rights conferred and responsibilities imposed. Similar
subjects should not be treated differently so as to give undue favor to some and unjustly
discriminate against others. However, it does not require absolute inequality. It allows a
different treatment to different subjects when the difference in their treatment is based a
substantial and reasonable distinction.

ASSESSMENT:
Essay. 10 points each
Answer the following questions:

1. During the Covid 19 pandemic, six taxi drivers were arrested because they
violated the Bayanihan Law particularly the rule on social distancing. As a result,
they were arrested and detained for such violation. A Senator on the other hand,
despite being positive for his covid test, went to the hospital to accompany her
wife who is about to give birth to their baby. Accordingly, he also violated the
same law. Moreover, his acts has endangered the lives of the people he came in
contact with. He was not however arrested and detained on the basis of
compassion. According to the authorities, we should be more understanding
towards him because his wife is about to give birth. Is there a violation of the
equal protection clause herein? Explain your answer.
2. Mr. A is questioning the validity of R.A 9262. Accordingly, it only protects
battered wives but not battered husbands. According to him, there is violation of
the equal protection principle. Is he correct? Explain your answer.
3. Mr. B is questioning the constitutionality of the imposition of the death penalty.
According to him, it violates the right to life of a person. Is he correct? Explain
your answer.
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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

TOPIC 3: The Right Against Unreasonable Searches and Seizures

OBJECTIVES:

At the end of the lesson, the students should be able to:

 Understand the important concepts related to the right of a person against

unreasonable searches and seizures
 Internalize the process of effecting a search without violating the right of the
accused/respondent against unreasonable searches and seizures
 Identify the requirements of a valid warrant
 Know the consequences of a search or arrest in violation of the right of a person
against unreasonable searches and seizures

INSTRUCTIONAL MATERIALS
 Hand out

Teaching-Learning Activity/ Lesson Proper

Section2, Article III, 1987 Philippine Constitution

The right of the people to be secured in their persons, houses, papers and effects
against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the
persons or things to be seized

The right to security of person

This right refers to the freedom from fear and is a guarantee of bodily and
psychological integrity. It is the freedom from fear of attack, loss of life, arbitrary arrest,
detention, or coercive interrogation. The right to security of a person can exist
independently from the right to liberty.

Note: This right to security of a person may be regulated if there is a valid search
warrant

Arrests and Searches, when valid

Arrest (Rule 113, Rules of Court)

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

An arrest is taking of a person into custody in order that he may be bound to

answer for the commission of an offense.
To make an arrest, a person need not actually be restrained by the person
making the arrest. Under the Rules of Court, a submission to the custody of a person
making an arrest already constitutes an arrest. Whichever means is used to make an
arrest, the term necessarily implies control over the person under custody and as a
consequence, a restraint on his liberty to the extent that he is now free to leave on his
own volition.
Methods of Arresting an Offender
There are two ways of legally arresting a person. It may either be by virtue of a
(a) warrant of arrest issued by a competent judge; or by virtue of a (b) lawful
warrantless arrest.
Warrant Of Arrest
A Warrant of Arrest is an order in writing signed by a judge commanding a peace
officer to arrest the person named therein.
It is constitutionally mandated that a warrant of arrest shall issue only upon finding
of probable cause personally determined by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the person to be seized or arrested.
Probable cause in connection with the issuance of a warrant of arrest, assumes
the existence of facts that would lead a reasonably discreet and prudent man to believe
that a crime has been committed and that it was likely committed by the person sought
to be arrested. Such probable cause demands more than suspicion but less than
evidence that would justify conviction.
Prohibition against unnecessary force in making an arrest
An underlying rule whenever an arrest is made is that no violence or
unnecessary force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.
Warrantless Arrest
A warrantless arrest is an arrest made legally even in the absence of a
warrant issued by the court. It is only valid in the following circumstances:
1. When in the presence of a peace officer or private person the person to be
arrested has just committed a crime, is committing a crime, or attempting to
commit a crime. (in flagrante delicto)

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

2. When an offense has just been committed and he has a probable cause tp
believe based on facts and circumstances that the person to be arrested is
the one who committed it. (hot pursuit arrest)
3. Prisoner who has escaped from penal establishment where he is serving
his sentence or is temporarily confined while the case is pending or while
being transferred from 1 confinement to another. (escapee)
4. Bondsman may arrest the accused to surrender him in court
5. When an accused who is out on bail, attempts to depart from the
Philippines without court’s permission

Who may make an arrest?

a. For arrests made with warrant, it shall be made by a law enforcement officer.
b. For arrests made without warrant, it shall be made by a law enforcement officer
or by a private person.

A warrantless arrest may be made not only by a peace officer but

also by a private person. When the latter makes the warrantless arrest, the
arrest is called citizen’s arrest.
In Flagrante Delicto Arrest

For a warrantless arrest of a person caught in flagrante delicto under

paragraph (a) of section 5 rule 113, two requisites must concur:

a. The person to be arrested must execute an overt act indicating that he has
just committed, is actually committing, or is attempting to commit a crime
b. Such overt act must be done in the presence or within the view of an
arresting officer

Hot Pursuit Arrest

This exception does not require the arresting officers to personally witness the
commission of the offense with their own eyes. Personal knowledge of facts must be
based on probable cause, which means an actual belief or reasonable grounds of
suspicion.

Rights of a person arrested (RA 7438)

a. Right to be assisted by a competent and independent counsel at all times

 In the absence of a lawyer, no custodial investigation shall be
conducted
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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

 Any extrajudicial confession made shall also be in writing and signed

by the person in the presence of his counsel
b. Right to remain silent
c. Right to be informed of the above rights
d. Right to be visited by the immediate members of his family, by his counsel, by
any non-governmental organization.

Searches and Seizure (Rule 126, Rules Of Court)

Search Warrant
A search warrant is an 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 for personal property described therein and bring it before the court.
The power to issue search warrants is exclusively vested with the trial judges
in the exercise of their judicial functions.

Arrest Search
- applies only to a person - - applies to person, place and things
- it maybe made on any - generally served in
day and at any time of the daytime unless
the day or night there be a direction in
the warrant that it may
be served at anytime
of the day or night
- Warrant of Arrest is - Search Warrant is
being issued for such being issued for such
purpose purpose

Property subject of a search warrant

The property subject of a search warrant is personal property, not real
property. A search warrant may be issued not only for the search but also for the
seizure of the following:
a. Personal Property subject of the offense
b. Personal Property stolen or embezzled and other proceeds, or fruits of the
offense; or
c. Personal Property used or intended to be used as a means of committing
an offense

Requisites for the issuance of a search warrant

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

a. There must be a probable cause in connection with one specific offense;

b. The presence of probable cause is to be determined by the judge
personally;
c. The determination by the judge must be made after an examination under
oath or affirmation of the complainant and the witnesses he may produce;
d. The warrant must specifically describe the place to be searched and the
things to be seized which may be anywhere in the Philippines.

Probable Cause in Search Warrants

A search warrant can be issued only upon finding of probable cause. Probable
cause for search warrant means such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense are in place sought to be
searched.
The question of whether or not probable cause exists is one which must be
decided in the light of the conditions obtaining in given situation.
How is the examination of the person applying for a search warrant is
conducted?
a. It is conducted personally by the judge
b. It is in the form of searching questions and answers
c. The complainant and witnesses shall be examine don facts personally known to
them

There is a need for particularity of the description of the place to be searched or

the person to be searched as well as the items to be seized

The rule is the description of the place to be searched is sufficient if the officer
with the warrant can, with reasonable effort, ascertainand identify the place
intended and distinguish it from all other places. Any description that points out
the place to the exclusion of the others is enough.

The person to be searched must be described with reasonable certainty. He

can even be identified by a name which others use in calling him even if it is not
his real name. Even if his name is unknown or erroneously written, the
description of the person with certainty to identify him and set him apart from
others is enoughto lead validity to the warrant.

As for the item to be searched, the requirement of particularity is said to be

satisfied if the warrant imposes a “meaningful restriction” upon the objects to be
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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

seized. A meaningful restriction is one that leaves nothing to the discretion of the
officer who conducts the search.

General Warrants

Warrants which does not describe the things to be seized with the required
particularity are called general warrants. These warrant are not valid for they violate the
constitutional provision on the issuance of a warrant.

Duration of the validity of a search warrant

A search warrant shall be valid for 10 days from its date. Thereafter, it shall be
void.

Manner of making a search

The search shall be made in the presence of the lawful occupant of the house,
room or any other premises or any member of the lawful occupant’s family. In the
absence of the latter, the search shall be made in the presence of two witnesses of
sufficient age and discretion residing in the same locality

The officer seizing the property must give detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure was made
or in the absence of such occupant, must be in the presence of two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt in the place in
which he found the seized property.

Knock and Announce Principle

Being armed with a warrant does not justify outright entry or barging into the
place to be searched. An officer should knock, introduce himself and announce his
purpose and only in exceptional cases may he forego the same like when his safety is
in danger of being jeopardized or when evidence is about to be destroyed.

An officer may break open any door or window provided the following
requisites are complied with:
a. The officer gives notice of his purpose and authority;
b. He is refused admittance to the place of directed search despite the notice;

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

c. The purpose of breaking the window or door is to execute the warrant or to

liberate himself or any person lawfully aiding him when unlawfully detained
therein.

Duties of an officer after search and seizure

1. To deliver the property seized to the judge who issued the warrant
2. The officer must, together with the delivery of the property also deliver a true
inventory of the property seized.

 Failure on the part of the officer to perform his duties shall constitute
contempt of court.

Who may assail the issuance of a search warrant

The legality of a seizure can be contested only by the party whose rights have
been impaired thereby, and the objection to an unlawful search and seizure is purely
personal and cannot be assailed by third parties. It is because the right to be secured of
individuals in their houses, papers and effects against unreasonable searches and
seizures is a personal right.
As a general rule, search can only be made when supported by a search warrant.
However in the following cases, a warrantless search is authorized by law:
 SEARCH INCIDENTAL TO A LAWFUL ARREST
 PLAINVIEW SEARCH
 SEARCH OF MOVING VEHICLES
 CONSENTED WARRANTLESS SEARCH
 CUSTOMS SEARCH
 STOP AND FRISK SEARCHES
 EXIGENT AND EMERGENCY CIRCUMSTANCES
 SEARCH OF VESSELS AND AIRCRAFT

Search Incidental To a Lawful Arrest

A person lawfully arrested may be searched for dangerous weapons or

anything which may have been used or constitute proof in the commission of an
offense without a search warrant.

First, there must have been a lawful arrest that precedes a search. The search
however, must only be within the area of immediate control of the person arrested.

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

Search of a Moving Vehicle

A warrantless search of moving vehicle is justified on the ground that “it is not
practicable to secure a warrant because the vehicle can be quickly moved out of the
locality or jurisdiction in which the warrant must be sought.

Check points

Check points allows warrantless search provided that the search is limited on a
visual search. Extensive search without probable cause as basis is not allowed.

Plainview Search

A plainview search is accepted as a warrantless search only if the item to be

search is immediately apparent and the officer had inadvertently discovered the same
when he is in a place where he is ought to be. There must be no need for a further
search of such item as it can be seen immediately by the naked eye of the officer.

The following are the requisites of a valid plainview search:

 Prior valid intrusion, in which the police are legally present in the place
to be searched in pursuit of their official duties
 Inadvertent discovery of the item seized
 The item/ evidence seized is immediately apparent
 There must be no further search conducted after the inadvertent
discovery of the object

Terry Doctrine (stop and frisk doctrine)

The Terry doctrine has 2 parts: the stop and the frisk. A valid “stop” by an
officer requires that he has a reasonable and articulable belief that criminal activity has
happened and is about to happen. The “frisk” made after the stop must be done
because because of a reasonable belief that the person stopped is in possession of a
weapon that will pose a danger to the officer and others. The frisk must be a mere pat
down on the outer garment and not an unreasonably intrusive search.

Consented Searches

A consent to a warrantless search must be voluntary that is it must be

unequivocal, specific and intelligently given, uncontaminated by any duress or
coercion.

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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

Customs Search

This is basically a search made in an airport before or after boarding an airline.

Search of a Vessel/ Aircraft

This is basically a search made inside of a vessel/aircraft.

Emergency Search

This is basically a search during exigent/ emergency circumstances.

Effects of Illegal Search and Seizure

(Fruit of the Poisonous Tree Doctrine)

Any evidence obtained in through an illegal search and seizure is inadmissible as

evidence for any purpose/ in any proceeding.

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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

Self- Learning Activity Module 2 Year: __________

Name: ________________________ Section: _______

Instruction: Write your answers in your Activity Notebook. Answer the questions briefly
but concisely. State the legal basis of your answer and relate it with the facts given.
Erasures and markings are not allowed.

Activity No. 2

1. Police Officer A received a tip that Mr. B is selling drugs. According to the anonymous
informant, Mr. B is carrying a marijuana inside his bag at that very moment and he is
about to cross the street in front of Jolibee Bacarra road. Police Officer A is a snappy
police officer so he immediately went in front of Jolibee Bacarra Road and arrested Mr. B
while he is still crossing the street and is about to deliver his marijuana to the buyer.
After his arrest, police officer A searched his bag. Mr. B objected to the search but Police
Officer A insisted that he should be searched as such is considered as a valid search
incidental to a lawful arrest. The search yielded to the discovery of the marijuana
contained inside of the bag of Mr. B.

a. Was the arrest valid? Explain your answer.

b. Was the searched on the person of Mr. B valid? Explain your answer.
c. Is the marijuana admissible as evidence? Explain your answer.

2. Mr. A was walking on the street in an unstable manner as if he is not in his right mind,
and his eyes were reddish. Police Officer B noticed that his waistline is bulging and as if
there is a gun tucked therein or any other similar weapon. The officer approached Mr. A
and asked what was tucked in his waist but the latter refused to answer the police
officer.
a. May Police Officer B search Mr. A even without a warrant? Explain your answer.
If your answer in letter A is yes, what type of warrantless search may be executed on the person
of Mr. A without violating his right under section 2, article III of the Constitution? If your answer
is no, what can the police officer do to protect the community from the possible crime which may
be committed by Mr. A considering that he is equipped with a weapon at that time?

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Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
NICOSAT
Basic Education Department

13

Name of Instructor: ACOSTA, JUDELYN B.

College Department: CCJE Subject: CLJ 4-
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