PHILIPPINE

BILL OF RIGHTS
“
There are only two things we
should fight for. One is the defense
of our homes and the other is the
Bill of Rights.

-Smedley Butler 2
“
“Constitutional Law is the study
of the maintenance of the proper
balance between authority as
represented by the three inherent
powers of the State and liberty as
guaranteed by the Bill of Rights.”
Justice Isagani Cruz
3
“DSupremacy
octrine of Constitutional

4
ARTICLE III
Twenty two (22) sections. Half of which discusses on the
rights of the accused
5
DEFINITION, BILL OF RIGHTS
Set of prescriptions setting forth the
fundamental civil and political rights of
the individual, and imposing
limitations on the powers of
government as a means of securing the
enjoyment of those rights.
6
NATURE, BILL OF RIGHTS
The Bill of Rights guarantee governs the
relationship between the individual and the
State. Its concern is not the relation between
private individuals. What it does is to declare
some forbidden zones in the private sphere
inaccessible to any power holder (People v.
Marti, 1991)
7
DUE PROCESS OF LAW

8
DUE PROCESS OF LAW
“NO PERSON SHALL BE DEPRIVED OF
LIFE, LIBERTY, OR PROPERTY
WITHOUT DUE PROCESS OF LAW.”

(Art. III, Sec 1, 1987 Constitution)

9
DUE PROCESS OF LAW
NOTICE
+
HEARING
DUE PROCESS
10
ASPECTS of DUE PROCESS
1. Procedural Due Process; and,
2. Substantive Due Process.

11
Substantive Due Process.
The means employed are
reasonably necessary for the
accomplishment of the purpose,
and must not be duly
oppressive.
12
Substantive Due Process.

Calalang v. Williams

13
Calalang v. Williams
Social Justice is neither communism, nor despotism,
nor atomism, nor anarchy but the humanization of
laws and the equalization of social and economic
forces by the State so that justice in its rational and
objectively secular conception may at least be
approximated. Social justice is based on the Latin
maxim, Salus populi est suprema lex. “The welfare of
the people is the supreme law of the land.”

14
Substantive Due Process.

Department of
Education v. San
Diego

15
DepEd v. San Diego

The Court feels that it is not enough to

simply invoke the right to quality education
as a guarantee of the Constitution. One must
prove that he is entitled to it because of his
preparation and promise.

16
Procedural Due Process.
Refers to the regular methods of
procedure to be observed before one’s
life, liberty or property can be taken
away from him. Simply stated, it
means that the procedure to be
observed must be fair.
17
Procedural Due Process.

Villavicencio v.
Lukban

18
Procedural Due Process.

SPCMB Law Offices

v. Court of Appeals

19
Publication Requirement

“
Laws must come out in the open, in the clear light of
the sun instead of skulking in the shadows with
their dark, deep secrets. Mysterious pronouncements
and rumored rules cannot be recognized as binding
unless their existence and contents are confirmed by
a valid publication intended to make full disclosure
and give proper notice to the people. The furtive law
is like a scabbarded saber that cannot feint, parry,
or cut unless the naked blade is drawn.”
20
Publication of Law.
CIVIL CODE.
Art. 2. Laws shall take effect after
fifteen days following the
completion of their publication in
the Official Gazette, unless it is
otherwise provided. This Code
shall take effect one year after such
publication.
21
Void-for-Vagueness Doctrine
A statute or act suffers from the defect
of vagueness when it lacks
comprehensible standards that men of
common intelligence must necessarily
guess at its meaning and differ as to its
application.
22
Void-for-Vagueness Doctrine

Southern Hemisphere
Engagement Network, Inc., et
al., v. Anti-Terrorism Council

23
EQUAL PROTECTION
OF THE LAW
24
EQUAL PROTECTION OF THE LAW
“NOR SHALL ANY PERSON BE DENIED
EQUAL PROTECTION OF THE LAW.”

(Art. III, Sec 1, 1987 Constitution)

25
“ What the Constitution requires is
equality among equals.

26
Requisites of a Valid Classification

1. Rest on substantial distinctions;

2. Be germane to the purpose of the law;
3. Not be limited to existing conditions only; and,
4. Apply equally to all members of the same class.
(People v. Cayat, G.R. No. L-45987, May 5, 1939)

27
Equal Protection of the Law

Garcia v. Drilon
G.R. No. 179267 June 25, 2013

28
Equal Protection of the Law

Duncan v. Glaxo
438 SCRA 343

29
Equal Protection of the Law

Ormoc Sugar Company v.

Treasurer of Ormoc City
G.R. No. L-23794 February 17, 1968

30
Equal Protection of the Law

PASEI v. Drilon
G.R. No. 81958 June 30, 1988

31
RIGHT AGAINST
UNREASONABLE SEARCHES
AND SEIZURES
32
RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched
and the persons or things to be seized.

Art. III Sec. 2, 1987 Philippine Constitution 33

RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES
The purpose of this provision is to protect the
privacy and sanctity of the person, and his house,
and other possessions against arbitrary intrusions by
State officers. As a general rule, State officers can
validly intrude upon a person’s house or search and
seize things or person/s only under a valid warrant
of arrest or search warrant as the case may be.

34
RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES
This right applies to all persons, including
foreigners, whether accused of a crime or not
(Moncado v. People’s Court, 80 Phil. 1). It can only
be invoked by the person entitled to it, and because
of that, one who is not the owner of the house
searched or intruded upon cannot challenge the
validity of the search or seizure (Stonehill v. Diokno,
20 SCRA 383).
35
What is a warrant of arrest?
Legal process issued by a competent
authority, directing the arrest of a person or
persons upon grounds stated therein.
A court order, issued on a probable cause,
authorizing a law enforcement officer to arrest
an individual and present him or her before
the court.
36
Requisites of Valid Warrant
◈ It must be based upon probable cause
◈ Probable cause must be determined personally
by the judge
◈ The determination must be made after
examination under oath of the complainant and
the witnesses he may produce
◈ It must be particularly describing the place to
be searched or the person or things to be seized. 37
Only a Judge can issue warrant
Salazar vs. Achacoso, March 14, 2000
Art. 38 of the Labor Code was
declared unconstitutional as it authorized
the Secretary to order the arrest, search and
seizure of those committing the crime of
illegal recruitment.
38
What is Probable Cause?
Circumstances and facts which give rise
to a reasonable belief that an accused is
guilty of a crime. Probable cause is not a
proof of guilt beyond a reasonable doubt,
but indicates only that enough grounds
exist to arrest the accused and put him or
her to trial. 39
A warrant of arrest is not necessary for the
following instances:

1. When the penalty is a “fine” only;

2. When the accused is already in detention
issued by the MTC;
3. Those covered by a summary procedure;
4. when the accused was arrested under a lawful
arrest without warrant.
40
JOHN DOE/ JANE DOE WARRANT
A John Doe or Jane Doe warrant is a warrant
for the arrest of a person whose actual name is
unidentified. Generally, this kind of warrants is void
because they violate the constitutional provision,
necessitating that warrants of arrests should
particularly describe the person or persons to be
arrested. However, if there is sufficient description to
identify the person to be arrested, the warrant is
valid. 41
When is warrantless arrest valid?

1.In flagrante delicto

2.Hot pursuit
3.Escaped prisoner

(Rule 113, Section 5 of the Rules of Court)

42
QUESTION:
Jose saw Apolinario running from a cornfield. Jose
continued to walk through the field, and he saw Yen,
unconscious and naked. Jose, on the notion that Apolinario
may be the culprit, looked for him for two days. On the
second day of the search, Jose arrested Apolinario and bring
him to the nearest police station. An action for rape was filed
against Apolinario, who questioned the validity of the arrest
because hot pursuit arrest is not valid. He was arrested two
days after the commission of the offense. Is Apolinario’s
contention correct? 43
ANSWER:
Yes. Hot pursuit arrest is one of the modes
prescribed by the Rules of Court regarding warrantless
arrest. However, hot pursuit arrest can only be executed
within 24 hours after the commission of the alleged crime.
Any warrantless arrest beyond the 24-hour limit is not legal.
Any party who seeks redress for the crime shall now obtain a
warrant of arrest duly issued by a judge based on a
complaint duly filed with the court.

44
What is a 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. 45
When is a warrantless search
valid?
There are instances when a search or seizure may be
validly made notwithstanding noncompliance with the
requisites mentioned above. Among them are consented
searches, search incident to a lawful arrest, searches of
vessels and aircraft for violation of immigration,
searches of moving vehicles, stop and frisk, plain view
doctrine and others.
46
RIGHT TO PRIVACY

47
RIGHT TO PRIVACY
The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise as
prescribed by law.
Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose
in any proceeding.

Art. III Sec. 3, 1987 Philippine Constitution

48
Can a corporation invoke the right to
privacy?
No. The right to privacy belongs to the
individual in his private capacity, and not to
public and governmental agencies like the
GSIS.
(Valmonte vs. Belmonte, G.R. No. 74930. February
13, 1989)
49
Right to Privacy

Zulueta v. Court of
Appeals
G.R. No. 107383, February 20, 1996

50
ANTI- WIRETAPPING LAW
It is a special law prohibiting and punishing
secret recording of conversations either
through wire-tapping or tape recorders. It
provides penalties for specific violations of
private communication. Evidence obtained in
violation of the Republic Act No. 4200 (Anti-
Wire Tapping Law) shall not be admissible.
51
SECRECY OF BANK DEPOSITS LAW
Bank Secrecy Law protects all deposits of
whatever nature with banks or banking
institutions in the Philippines, including
investments in bonds issued by the
Government of the Philippines, its political
subdivisions and its instrumentalities.”

52
SECRECY OF BANK DEPOSITS LAW
These accounts must be treated with “absolute
confidentiality” and may not be inquired or looked into
by any person, subject to the following exceptions:
1. Upon written permission of the depositor;
2. Upon order of a competent court in cases of bribery or
dereliction of duty of public officials;
3. In cases of impeachment; or,
4. In cases where the money deposited or invested is the
subject matter of the litigation
53
DATA PRIVACY LAW
It protects the privacy of persons while safeguarding the
free flow of information to promote innovation and
development. The law also regulates the collection,
organization, recording, storage, updating or
modification, retrieval, consultation, use, consolidation,
blocking, erasure, or destruction of personal data.
Ultimately, the law ensures that the Philippines
conforms to international standards set for data
protection through the National Privacy Commission
54
(NPC).
Sensitive personal information refers to personal
information:
a. About an individual’s race, ethnic origin, marital
status, age, color, and religious, philosophical or
political affiliations;
b. About an individual’s health, education, genetic
or sexual life of a person, or to any proceeding for
any offense committed or alleged to have been
committed by such person, the disposal of such
proceedings, or the sentence of any court in such
proceedings; 55
Sensitive personal information refers to personal
information:
c. Issued by government agencies peculiar to an
individual which includes, but not limited to,
social security numbers, previous or current health
records, licenses or its denials, suspension or
revocation, and tax returns; and
d. Specifically established by an executive order or
an act of Congress to be kept classified.

56
FREEDOM OF SPEECH,
EXPRESSION AND THE
PRESS
57
FREEDOM OF EXPRESSION
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.
Art. III Sec. 4, 1987 Philippine Constitution
58
Voltaire

“I may not agree with what you

say, but I will defend to death
your right to say it.”

59
The other rights covered by this constitutionally-
guaranteed right are the following:
1. Freedom of the press;
2. Freedom of petition;
3. Freedom of religion;
4. Freedom of assembly;
5. Right to form association;
6. Right to be free and not be detained solely because
of one’s political beliefs and idea; and,
7. Right to access to information. 60
COVERAGE
The freedom to express embraces the
right to be silent. The right, however, is not
demandable against those reluctant to listen,
who may not be herded by the government into
a captive audience. As Socrates said, this liberty
was intended not only to defend the minority
who want to talk but also to benefit the majority
who refuse to listen. 61
COVERAGE
Freedom of expression is usually used through
language, oral, and written. Representations may also be
used, like the bended knee, the clenched fist, the salute to
the flag, the flag itself, and others (Diocese of Bacolod v.
COMELEC, G.R. No. 205728).

It includes movies and what is known as

figurative speech, such as the wearing of an armband as a
representation of dissent.
62
63
64
The cases of Primicias v. Fugoso
and Navarro v. Villegas

Primicias v. Navarro v.
Fugoso Villegas

65
OVER BREADTH DOCTRINE
The over breadth doctrine decrees that a
governmental purpose to control or prevent
activities constitutionally subject to state
regulations may not be achieved by means
which sweep unnecessarily broadly and
thereby invade the area of protected freedoms
(Southern Hemisphere Engagement Network, Inc. v. Anti-
Terrorism Council, G.R. No. 178552, October 5, 2010).
66
Diocese of Bacolod vs. COMELEC
Respondents cite the Constitution, laws, and jurisprudence
to support their position that they had the power to
regulate the tarpaulin. However, all of these provisions
pertain to candidates and political parties. Petitioners are
not candidates. Neither do they belong to any political
party. COMELEC does not have the authority to regulate
the enjoyment of the preferred right to freedom of
expression exercised by a non-candidate in this case.
67
FREEDOM OF RELIGION
AND WORSHIP
68
FREEDOM OF RELIGION
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.
Art. III Sec. 5, 1987 Philippine Constitution

69
RELIGION, DEFINED
Religion is any complicated system of belief,
worship, or conduct, often involving a code of
ethics and a philosophy. (Webster’s New World
Dictionary p. 1228). It is a profession of faith to an
active power that binds and elevates man to his
Creator (Aglipay v. Ruiz, G.R. No. L-45459).
70
RELIGION, DEFINED
The existence of a Great Creator is not
necessarily an element in religion. In Buddhism,
for example, merely espouse a way of proper
living without any recognition of an Almighty
God. According to Cruz (2015), the Constitution
includes the rejection of religion in the definition
of religion. The constitutional concept of religion
includes the idea of agnosticism and atheism. 71
Aspects of the Clause

Non-establishment Clause

Free Exercise Clause

72
Separation of Church and State
In the case of Aglipay v. Ruiz the Supreme
Court stated that “In so far as it (religion)
instills into the mind the purest principles of
morality, the influence of religion is deeply felt
and highly appreciated.”

73
DOCTRINE OF ACCOMMODATION
Accommodation is a recognition of the reality that
some governmental procedures may not be enforced on a
certain portion of the people because these measures are
disagreeing with their religious dogmas. As long as it can
be shown that the exercise of the right does not harm the
public welfare, the attempt of the State to regulate or forbid
such right would be an unconstitutional encroachment (Re:
Letter of Tony Q. Valenciano, Holding of Religious Rituals
at the Hall of Justice Building in Quezon City, A.M. No. 10-
4-19-SC). 74
Ecclesiastical Affairs
Ecclesiastical affair is one that concerns doctrine, creed
or form of worship of the church or the adoption and
enforcement within a religious organization a needful
laws and regulations for the government of the
membership, and the power of excluding from such
associations those deemed unworthy membership.

75
Non-establishment Clause

Garces v. Estenzo
G.R. No. L-53487 May 25, 1981

76
Non-establishment Clause

Aglipay v. Ruiz,
GR No. L-45459, March 13, 1937

77
LEMON TEST
There is a “test” to determine whether an act of the
government violates the non-establishment clause. This is
called the “lemon test.” (Lemon v. Kurtzman, 403 U.S. 602).

To pass the Lemon test, a government act or policy must:

1. Have a secular or non-religious purpose;
2. Neither support nor favor any set of religious beliefs or
religion generally; and
3. Not get the government too closely involved
(“entangled”) with religion. 78
FREE EXERCISE CLAUSE

Aspects:
• Freedom to believe; and
• Freedom to Act on One’s Belief

79
Freedom to Act on
Freedom to Believe
One’s Belief
A person is free to believe or If the individual
disbelieve as he pleases. externalizes his belief, it is
Religion is a matter of faith. now considered as an action
“Men may believe what based on his belief.
they cannot prove”

Freedom to act on one’s

belief is not absolute
Freedom to Believe is
because a faithful’s action
absolute.
may affect the public.
80
Free Exercise Clause

Gerona v. Sec. of Education

(106 Phil. 2)

81
Free Exercise Clause

Ebralinag v. Division
Superintendent of Schools of
Cebu
219 SCRA 256 [1993]

82
OTHER
CONSTITUTIONALLY-
GUARANTEED RIGHTS
83
LIBERTY OF ABODE
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.
Art. III Sec. 6, 1987 Philippine Constitution 84
RIGHT TO INFORMATION
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.
Art. III Sec. 7, 1987 Philippine Constitution
85
RIGHT TO THE PAYMENT
OF JUST COMPENSATION
Private property shall not be taken for
public use without just compensation.
Art. III Sec. 9, 1987 Philippine Constitution

86
RIGHT TO THE PAYMENT
OF JUST COMPENSATION
Art. III Sec. 9, 1987 Philippine Constitution

Regalian Doctrine

87
RIGHTS OF AN
ACCUSED
88
RIGHTS
of an
ACCUSED
89
Miranda Right
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.
Art. III Sec. 12, 1987 Constitution
90
People vs. Andan, 269 SCRA 95

While in custody, the accused made

admission to the new reporter and the
media.
The admission is admissible.

91
RIGHT TO BAIL
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.

Art. III Sec. 13, 1987 Philippine Constitution

92
PRESUMPTION OF INNOCENCE
In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, 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.
Art. III Sec. 14 (2), 1987 Philippine Constitution 93
RIGHT TO BE INFORMED
In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, 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.
Art. III Sec. 14 (2), 1987 Philippine Constitution 94
RIGHT TO A COUNSEL
In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the
accusation against him, 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.

Art. III Sec. 14 (2), 1987 Philippine Constitution

95
RIGHT TO A SPEEDY TRIAL
In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, 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.
Art. III Sec. 14 (2), 1987 Philippine Constitution 96
RIGHT AGAINST
SELF-INCRIMINATION
No person shall be compelled to
be a witness against himself.

Art. III Sec. 17, 1987 Philippine Constitution

97
Maraming Salamat po!
Any questions?

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