BILL OF RIGHTS (1, 3, 5-11, 18, 20, 22) 2. Tribunal considered evidence preference, shall forever allowed.

ered evidence preference, shall forever allowed. No religious test shall be required
3. Decision must be supported by the law law for the exercise of civil and political rights.
4. - Non- establishment clause
SECTION 1: 5. At least contained - prohibits the government from "establishing" a religion.
No person shall be deprived of life, liberty, or property w/o due 6. Tribunal must rely on independent (prohibits government actions that unduly favor one religion over another.
process of law nor shall any person be denied the equal 7. Decision state facts and law w/c the decision is base “Respecting”)
protection of laws.
Heinous crime -crimes that shock public morality & decency How to violate: funds or property
Ex. Incestous Rape, Treason Exception : if is related to the religion
Right to life Liberty and Property
RA 7659 - Law imposing Death Penalty for Heinous crimes Free Exercise clause
to be alive right to exist and be right to own, Penalty --death via Gas Chamber
posses, - protects citizens' right to practice their religion as they please, so long as
Substitute Penalty -- death via electricution the practice does not run afoul of a "public morals" or a "compelling"
free from Arbitrary utilize and dispose
Enjoyment of the restraint and servitude of ur property. governmental interest. (give freedom w/o discrimination and preferences)
RA 8147 - Death via lethal injection
other right is pre- -freedom from RA 9346 - Law prohibiting the imposition of death penalty.
conditioned on his intrusion 2 aspects
Right.  Freedom to believe or not (absolute)
 The right to act acc. to one’s belief (regulation)
SECTION 3 (Right to Privacy) How to violate:
DUE PROCESS
- hears before it condemns (hearing) 1. The privacy of communication and correspondence shall be - if someone force you in accor. those 2 rights under free exercise law.
- proceeds upon inquiry (investigate) inviolable except upon lawful order of the court, or when public Has limitations:
- renders judgement only after trial safety or order requires otherwise as prescribed by law  Can be violated if already violates the rights of others
2. Any evidence obtained in violation of this or the preceding
For example, if the government refuses to provide certain services (i.e., fire and
2 kinds of Due Process section shall be inadmissible for any purpose in any police protection) to churches, that might violate the free exercise clause. If the
proceeding. government provides too many services to churches (perhaps extra security for a
1. Procedural Due Process (method use) church event), it risks violating the establishment clause. If schools prohibit all
- compliance w/ the procedures or steps provided by the law - right to be free from unwarranted exploitation of one’s person/one’s private student prayer on school property, they may violate the free exercise clause. But if
- standards fair play w/o arbitrariness activities (unwarranted publicity) they allow student led prayers during school hours, they may violate the
-right to be left alone establishment clause.
Requites:
 Impartial tribunal w/ jurisdiction - power to hear &decide a case
 Jurisdiction over the person or the property PRIVACY OF COMMUNICATION & CORRESPONDENCE SECTION 6 (Right to liberty of abode and travel)
 Opportunity to be heard (hearing)
 Judgement rendered after lawful hearing Gen. Rule : INVIOLABLE The liberty of abode and of changing the same w/n the limits prescribed by
 Judgement must be accordance by the law Exception: can be violate if there is law shall not be impaired except upon lawful order of the court. Neither shall
a. Lawful court order the right to travel be impaired except in the interest of national security, public
2. Substantial Due Process b. Required by public safety or order as provided by the law safety, or public health, as may be provided by law.
- one requiring the instinct validity of the law in interpreting w/ the rights of
the person 2 Categories of Right to Privacy Right to liberty of ABODE (residents) Right to Travel (movement from one
1. Decisional Privacy location to another)
Covers: right to choose or changes
Requites: - right of indir. To make certain kinds of fundamental choices ones residence Covers: travel w/n and from the Phil.
 Must reasonable
 Means of the law is for accomplishing its purpose Focuses: decision making Gen. Rule: shall not be impaired Gen. Rule: cannot be impaired
- reasonable if it does not lower the dignity of the person
 For public interest/use not private purpose Exception:
Exception: lawful order by the National
court security
Personal & Reproductive Autonomy - pertaining to personal growth
(Probation order) Public safety
EQUAL PROTECTION OF LAWS Public health as provided by law
2. Information Privacy
- All persons shall be treated alike under like circumstances & conditions - right to control information as to oneself
both as to privileges and liabilities.
Treats equals equally & unequal unequally in protection to their inequality EXPULSION
Coverage:
Offender: Public officer
a. Avoidance of access to personal info’s
Valid Qualifications How: a) expels a FOREIGNER from the PHIL.
b. Leave freely
-allows a diff. Application of the law to a specific group b) forced a person to change residence
RA 4200 - Anti-wire tapping law ex. Telephone, party line
Requites: T.N.: Public officer had no AUTHORITY
1. There must be substantial distinction (unique) RA 9372 - Human Security Act (Anti-terroism Law)
2. Must be germane (important/relevant) to the purpose of the law *If the offender: Private Individual
3. Must apply from the classification exist Case would be:
(not limited to existing conditions, it can only apply in the future) 1. Grave coercion - means of (force, violence, intimidation, threat)
4. Must apply all person affected by the classification 2. Unjust vexation - annoy or irritate an innocent person
SECTION 5: Freedom of Religion
(applicable to all members of the same class)
No law shall be made respecting an establishment of religion, HOLD DEPARTURE ORDER
ADMINISTRATIVE DUE PROCESS or prohibiting the free exercise thereof. The free exercise and - preserve and maintain the court jurisdiction over the case and over the
1. Must be have a hearing enjoyment of religious profession and worship, w/o discrimination or person
 - order issued by the court in a criminal case so the accused may be death - the property is reverted back to the owner only upon return of just RIGHT AGAINST INVOLUNTARY (against the will) SERVITUDE( state of
w/ in accordance w/ the law (VALID) compensation being placed under the control of another)
- present the accused from leaving the country
Gen. Rule: NO INVOLUNTARY SERVITUDE SHALL EXIST
EMINENT DOMAIN POLICE POWER
Court: RTC
Validity: 5 yrs - power of expropriation - power of the state to enact laws
that may interfere w/ personal Exception:
WATCHLIST ORDER - power of the state to take liberty /property in order to promote
private property for public use upon a) Punishment for a crime
- Similar w/ the HDO but is issued by the Secretary of Justice general welfare.
payment of just compensation b) Personal or military service in the interest of national defense
- restraint on personal liberty and c) In naval enlistment
- 60 days Requites: property of the common good d) Pose comitatus - power of the state to require assistance from the people
-INVALID
1. Public Necessity e) Return to work order issued by the President or the DOLE Secretary
- primary executed by LEGISLATIVE f) Minors (under 18) under patria postestos (parental authority)
SEC. 26 RA 9372
2. Private property REQUITES:
- Travel Restriction
3. Services SECTION 20:
Lawful subject - common good
SECTION 7: Right to Information 4. Taking in constitutional sense No person shall be imprisoned for debt or non-payment of a poll tax.
Lawful means -manner/method
5. Prohibition of ordinary use (necessary & not duly oppressive). T.N.: when u make debt of gratitude don’t make promise
The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents and papers 6. Public used
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the 7. Paying just compensation POWER OF TAXATION
citizen, subject to such limitations as may be provided by law. - Power to levy taxes (life blood of SECTION 22:
 Right to access of information of Public Concern the govt.) for public purpose.
No ex post facto law or bill of attainder shall be enacted. (Unconstitutional)
Just compensation
 Official records - infos of liabilities, asset(gain/properties)
- Penal in Nature -penalized
- full and pair equivalent of the property taken by the expropriator
 SALN - It is the statement of assets, liabilities and net worth, and
the disclosure of financial connections or business interests and - Retroactively - Backward
- full and pair equivalent of the owner loss
identification of relatives within the fourth degree of - Prejudice
consanguinity or affinity. Further, it also requires the declarant to
name his/her bilas, balae and inso who are in government Ex post Facto law
SECTION 10: The non-impairment clause
service. 1. -
No law impairing the obligation of contracts shall be passed. (Valid Contracts)
EX. Decision of court, Passage of the Law

SECTION 8: The Right to form associations

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.
SECTION 11:
 Exercising to air out their problem to their companies/organization
Free access to the courts and quasi-judicial bodies and adequate legal
Right of Association assistance shall not be denied to any person by reason of poverty. Bill attainder
- right to join on formal and informal organization
 Like the PAO (Criminal case) - law that punishes an act w/o due process
Union - assembly/organization of workers representing said workers
-legal assistance is free to does who can afford attorneys. Ex. Transportation of Animal
T.N.: the right to join carries w/ it the right not to join
- civil case is not covered to PAO
YELLOW DOG CONTACT
- It is a contract requiring an employee to join a union in exchange of
employment or continued employment.

SECTION 9: Right to just compensation SECTION 18:

Private property shall not be taken for public use without just compensation. (1) No person shall be detained solely by reason of his political beliefs and
 Its talks about expropriation aspirations.

Reverse Expropriation (2) No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted.
- remedy availed by the owner if the property is not use for Public use
 5. Right against torture, force, violence, threat, intimidation or any other
means w/c vitiate free will CONFESSION - acknowledge of guilt
- right against DURESS (illegally exercise to perform an act)
2 kinds of Confession
MIDTERM BILL OF RIGHTS ( 4, 12-17 MR, 19) MIRANDA RIGHTS (Miranda vs Arizona) 1. Judicial Confession
SECTION 4: Freedom of speech 1. Right to remain silent -made in legal proceeding
Can be waived
2. Right to counsel preferably of his own choice
No law shall be passed abridging the freedom of speech, of 2. Extra Judicial Confession
expression, or of the press, or the right of the people peaceably to assemble - if he does not have any, he could be provided by one
- confession made out of court or in the proceedings of another place
and petition the government for redress of grievances. - in writing, presence of counsel
Requites:
3. Right to be informed of said right
 Voluntary
FREEDOM of Expression, Speech and Pres -CANNOT BE WAIVED  Made in writing
- ability to communicate one’s opinion  Assistance of counsel
2 Regulation: T.N. Fail to recite this would be INVALID
1. Content-based Regulation T.N. If the counsel is unavailable upon waiver and in the presence of any of
- prohibition of the expression based on content ( total prohibition/ MAHINAY DOCTRINE the ff. -parents, elder sibling, spouse, mayor, judge, district school supervisor,
pinagbabawal) priest/minister chosen by him
- a doctrine that expanded the Miranda Rights. Consist 11 rights
*Unsconstitution presumed as unconstitutional
Exception: clear and present danger RIGHTS AGAINST TORTURE/DURESS AND SOTUTARY CONFINEMENT
6. Right against secret detention places, solitary incommunicado or similar
AND INCOMMUNICADO
forms of detention.
7. Application of the Exclusionary Rule and the Doctrine of Poisonous Tree Penal Sanction:
2. Content-neutral Regulation
1. Failure to inform Miranda Rights
- control/regulation to the circumstances of the expression (its allowed)
2. Failure to provide counsel ; Penalty (8-10yrs)
Circumstances : Time T. N. If you violates the rights 1-6 is INADMISSABLE
3. Obstructs lawyer, doctor, priest/minister from visiting ; Penalty (4-6yrs)
Place
Manner STATUTORY RIGHTS - primarily provided by the law
RA 9745 Anti-torture Law
*Presumed constitutional
CUSTODIAL INVESTIGATION
- Involves questioning by law enforcers after a person is taken into custody
SECTION 13
or deprived of his freedom in any significant manner.
SECTION 12: Right of the Suspect All persons, except those charged with offenses punishable by
*Begins: when the questioning is no longer a general inquiring into an
(1) Any person under investigation for the commission of an offense shall reclusion perpetua when evidence of guilt is strong, shall, before conviction,
unsolved crime but starts to focus on a particular person as a suspect.
have the right to be informed of his right to remain silent and to have be bailable by sufficient sureties, or be released on recognizance as may be
competent and independent counsel preferably of his own choice. If the provided by law. The right to bail shall not be impaired even when the
person cannot afford the services of counsel, he must be provided with one. RA 7438 (Penal Law) - Sec 12 part 1 privilege of the writ of habeas corpus is suspended. Excessive bail shall not
These rights cannot be waived except in writing and in the presence of - pertains to the right of suspect, arrested person under custodial be required.
counsel. Investigation
(2) No torture, force, violence, threat, intimidation, or any other means which Scope: Arrested
vitiate the free will shall be used against him. Secret detention places, solitary,
Detained
incommunicado, or other similar forms of detention are prohibited.
Custodial Investigation
(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 RIGHTS UNDER CUSTODIAL INVESTIGATION
section as well as compensation to and rehabilitation of victims of torture or 1. Right to be assisted by counsel at all times
similar practices, and their families. 2. Miranda rights
3. Right to be assisted by counsel before he is made to sign the custodial
investigation report
RIGHT OF THE SUSPECT
4. Right to be visited by: immediate family, medical doctor priest(religious minister)
1. Right to remain silent (right not to be force to say anything) and NGO (Non-Government Organization)
Purpose: to assure that the suspect/subject would not say anything that might 5. Right to counsel
incriminate him. *Parrafin Testing
2. Right to competent and independent counsel preferably of his own choice -cannot be invoked (means to appeal) SECTION 14 Right of the Accused
*Police line-ups - cannot be invoked (1) No person shall be held to answer for a criminal offense without due
One who is fully/willing to safeguard the constitutional rights of the T.N. Unless admission/confession are being elicited(evoke/draw out) process of law.
person.
Unavailability: (hindi pwedeng gamitin) (2) In all criminal prosecutions, the accused shall be presumed innocent until
1. Administrative Investigation the contrary is proved, and shall enjoy the right to be heard by himself and
3. Right to be reminded that if he could not afford the services of counsel, he 2. Statements given to private persons counsel, to be informed of the nature and cause of the accusation against
would be provided by one. Ex. IBP, PAO 3. Voluntary confession made upon voluntary surrender him, to have a speedy, impartial, and public trial, to meet the witnesses face to
4. Right to be informed of said rights (consist of the 3 above) 4. Voluntary confession made out of a context of a formal investigation face, and to have compulsory process to secure the attendance of witnesses
 and the production of evidence in his behalf. However, after arraignment, trial SECTION 19
may proceed notwithstanding the absence of the accused provided that he (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
has been duly notified and his failure to appear is unjustifiable. punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides
SECTION 16 : Right to speedy, Impartial trial and Public Trial for it. Any death penalty already imposed shall be reduced to reclusion
RIGHT OF THE SUSPECT (a person undergoing TRIAL)
All persons shall have the right to a speedy disposition of their cases perpetua.
- has a wider coverage before all judicial, quasi-judicial, or administrative bodies. (2) The employment of physical, psychological, or degrading punishment
1. Due process against any prisoner or detainee or the use of substandard or inadequate
2. Other rights of the accused penal facilities under subhuman conditions shall be dealt with by law.
Speedy Trial - requires speedy disposition of the case
Free from: vexations (irritation)
1. Right of due process RIGHT AGAINST EXCESSIVE FINES, INHUMAN PUNISHMENT
Capricious (bias)
2. Presumption of innocence
Oppressive delays (abusive) Too much or not equivalent
EQUIPOSE RULE Maltreatment
Impartial Trial -requires the cold neutrality of an impartial judge to the crime committed
- If the evidence of the prosecution and the evidence of the
defense are the same weight the balance of justice shall be tilted in favor of
CRUEL AND INHUMAN PENALTY
the accused.
Impartial - fair
Cold neutrality - appears to be fair Base on the law:
PROOF BEYOND REASONABLE DOUBT Infliction of severe,
physical suffering - infliction of intense physical or
- Quantum of Evidence (evidence needed to WIN a case) in criminal cases psychological harm. Ex torture
Public Trial -open to the Public
- hardest to prove
Gen. Rule: *Degrading Penalty - lowers the dignity/morale of the person
- requires moral certainty
1. Trial must be public Ex. Shamming branding, marking or other forms of public humiliation
2. Attendance at trial is open to all
DEMURRER TO EVIDENCE
Exception:
- motion to dismiss on the ground of lack/insufficiently of evidence
If the evidence to be added is offensive to decency or public morals.

RIGHT TO BAIL (Under the Right of the Accused)

-security posted for the temporary release of a person
Criminal Procedure:
SECTION 17
As a matter of right, discretion, and neither a right/discretion
No person shall be compelled to be a witness against himself.
BAIL IS A MATTER OF RIGHT:
RA 9165--SELF-INCRIMINATION CLAUSE
a) Before/After conviction -->RTC
- Any act that would make a person appear guilty or would expose to a
b) Before conviction -->RTC
criminal prosecution. According to the said law
Penalty: Not reclusion perprtua
Death Penalty
Gen.Rule: it applies only against Testimonial compulsion (only invoked)
Life imprisonment
Exception:
1. Can be applied in the production object evidence if the production requires
c) Before conviction -->RTC the use of intelligence
Penalty: Reclusion perprtua Ex. Production of handwriting crime scene reconstruction (object
Death Penalty evidence) -demonstrative evidence
Life imprisonment
(the evidence of guilt is not strong) Right against Self -Incrimination
*accused -refuse to take witness stand
- invoke his right self-incrimination
T.N. Totally cannot testify

*Ordinary witness - cannot refuse to take the witness stand

- he can refuse to answer incriminatory questions
SECTION 15 Availability : right against Self-Incrimination
The privilege of the writ of habeas corpus shall not be suspended 1. Criminal case
except in cases of invasion or rebellion when the public safety requires it. 2. Civil case
3. Administrative case
4. Impeachment case
5. Other legislative that posses a criminal/penal aspect