Readings in the

Philippine History
Reinforcement Discussion
(Module 6A)
 Module 6-Basic Rights of Man
Learning Outcomes:

a. Identify the key concepts of the Bill of Rights

b. analyze the meaning, importance and relevance of the Bill

of Rights

c. Discuss issues of provision, enforcement, and multiple

meanings with regards to human rights and peace education

d. apply basic principles of research design and discuss

challenges relating to human rights and peace education

11/02/2023
• Sovereignty of the
people
• Supremacy of
civilian
authority over the
military
• Separation of powers
Bill of Rights
This is the set of rights and privileges of the
citizens stipulated in the Constitution. It is
the protection of the Filipino people against
the violations by the government. It is a
charter of liberties for the individual and a
limitation upon the power of the State.
 The Importance of the Bill of Rights

 It protects the citizen against the abusive

power of the government
 It outlines what the citizens can do or cannot
do
 It marks the boundary between the
citizens and the government

 It is where the rights and privileges

of the citizens are defined
 Classes of Rights

(1) Natural Rights – They are those rights

possesses 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
so that he may live a happy life.
(2) Constitutional Rights – They are
those rights which are conferred and
protected by the Constitution. Since they are
part of the fundamental law, they cannot be
modified or taken away by the law-making
body.
(3) Statutory Rights – They are those
rights which are provided by laws
promulgated by the law-making body and,
consequently, may be abolished by the same
body.
Classification of Constitutional Rights
 Political Rights

They are such rights of the

citizens which give them the power
to participate, directly or indirectly, in
the establishment or administration
of the government.
 Civil Rights

They are 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, economic, and cultural
rights

They include those rights which

are intended to insure the well-being
and economic security of the
individual.
 Rights of the accused
They are the civil rights intended for
the protection of a person accused of any
crime, like the right to presumption of
innocence, the right to a speedy,
impartial, and public trial, and the right
against cruel, degrading, or inhuman
punishment.
SECTION 1: 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.
 Aspects of Due Process of Law

(1) Procedural due process which

refers to the method or manner by which the
law is enforced. It requires a procedure
“which hears before it condemns, which
proceeds upon inquiry, and renders judgment
only after trial”.
(2) Substantive due process
which requires that the law itself, not
merely the procedures by which the
law would be enforced, is fair,
reasonable, and just.
 Meaning of Equal Protection of the Law

Equal protection of the laws signifies

that “all persons subject to legislation
should be treated alike, under like
circumstances and conditions both in the
privileges conferred and liabilities
imposed.”
 Reasonable Classification Permitted

• foreign corporations are made to pay higher amount of

taxes that that paid by domestic corporations;
• certain professions (e.g., Sumo wrestler) are limited to
persons of the male sex;
• certain privileges for leaves and shorter hours of labor
extended to women are not extended to men;
• preference is given to Filipino citizens (as against aliens) in
the lease of public market stalls;
• different professions are taxed at different amounts; and
• employment in factories of children under designated ages is
prohibited.
 Section 2
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.
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
certain personal property and bring it before the
court.

Warrant of Arrest, the written order, if the

command is to arrest a person designated, i.e., to
take him into custody in order that he may bound
to answer for the commission of an offense.
 What is Probable Cause?
By PROBABLE CAUSE is meant such 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.

 refers to facts or evidence that would make a

reasonable person believe that a crime or wrong
doing has been, is being, or will be committed.
 Requisites for a valid search warrant or warrant of arrest

• It must be issued upon probable cause;

• The probable cause must be determined personally
by the judge himself;
• Such determination of the existence of probable
cause must be made after examination by the judge
of the complainant and the witnesses he may
produce; and
• The warrant must particularly describe the place to
be searched, and the persons or things to be seized.
 When search and seizure would be made without warrant?

• Where there is consent or waiver;

• Where search is an incident to a lawful arrest;
• In the case of contraband or forfeited goods being transported by ship,
automobile, or other vehicle, where the officer making it has reasonable cause
for believing that the latter contains them in view of the difficulty attendant to
securing a search warrant;
• Where, without a search, the possession of articles prohibited by law is
disclosed to plain view or is open to eye and hand;
• As an incident of inspection, supervision, and regulation in the exercise of police
power such as inspection of restaurants by health officers, of factories by labor
inspectors, etc. the same thing may be said of inspection of books of accounts
by revenue examiners; and
• Routinary searches usually made at the border or at ports of entry in the
interest of national security and for the proper enforcement of customs and
immigration laws.
 When arrest may be made without warrant

• When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense;
• When an offense has in fact just been committed and he
has personal knowledge of facts indicating that person to
be arrested has committed it; and
• When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgement or temporarily confined while jis
case is pending, or escaped while being transferred from
one confinement to another.
 Section 3
(1) 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.

(2) Any evidence obtained in violation of this

or the preceding section shall be inadmissible
for any purpose in any proceeding.
The right of privacy is concisely defined
as the right to be left alone. It has also been
defined as the right of a person to be free
from undesired publicity, or disclosure and as
the right to live without unwarranted
interference by the public in matters with
which the public is not necessary concerned.
 The Writ of Habeas Data

• The writ of habeas data is a 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 of a private
individual or entity engaged in the gathering,
collecting, or storing data or information
regarding the person, family, home and
correspondence of the aggrieved party.
 Writ of Amparo

• The writ of habeas corpus is not to be confused

with the Writ of Amparo. Now, families of
victims of extrajudicial killing and enforced
disappearances (or any qualified person or
entity) can evoke the writ when the right to
life, liberty, or security of a person is violated
or threatened with violation by an unlawful
act or omission of a public official or employee
or of a private individual or entity.
 Writ of Amparo versus Writ of Habeas Data

Protection vs threats

The petitioners want court protection against threats to the

lives, liberty, and security of their members through a Writ
of Amparo. They also want the government to disclose
and destroy all files or records gathered against their
members through a Writ of Habeas Data.

A Writ of Amparo is a legal remedy seeking a protection

order, while a Writ of Habeas Data asks the Court to compel
the respondent to delete or destroy damaging information.
 Permissible interference
The right is not violated when the interference is
made:

– Upon lawful order of the court: or

– When public safety or order requires otherwise as
prescribed by law.
 Section 4

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 Expression implies the right to freely utter
and publish whatever one please 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 Right of Assembly means the right on the part of

the citizens to meet peaceably for consultation in
respect to public affairs.

The Right of Petition means the right of any person or

group of persons to apply, without fear of penalty, to the
appropriate branch or office of the government for
redress of grievances.
Freedom of Expression
not absolute

Slander and Libel are not

covered by this provision
Anti-Terrorism Act of 2020
R.A. 11479
 Section 5

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.
 Aspect of Religious Freedom

• The separation of Church and

State; and

• The freedom of religious

profession and worship.
 The demarcation line

“Render unto Ceasar the things

that are Ceasar’s and unto God
the things that are God’s.”
 Establishment of Religion Clause
• The State shall have no official religion
• The State cannot set up a church, whether or not
supported with public funds; nor aid one religions,
or prefer one religion over another;
• Every person is free to profess belief or disbelief in
any religion;
• Every religious minister is free to practice his calling;
and
• The State cannot punish a person for entertaining or
professing religious beliefs or disbeliefs.
Ebralinag vs. Division
Superintendent of
Schools of Cebu
 Religious Test

A religious test is one demanding

the avowal or repudiation of certain
religious beliefs before the
performance of any act.
 Section 7

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.
 Section 9

Private property shall not be

taken for public use without just
compensation
 Essentials or Inherent Powers of the State

• Eminent Domain is the 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.

• Police Power has been referred to as the power of the State to enact
such laws or regulations in relation to persons and property as may
promote public health, public morals, public safety, and the general
welfare and convenience of the people.

• 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.
 Section 11

Free access to the courts and quasi-

judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
 Section 12

(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.
 The Miranda Doctrine

the legal rights of an arrested person to have an

attorney and to refuse to answer questions
To be recited by the elements of the PNP
whenever they arrest suspects

“You have the right to remain silent. Any

statement you make may be used against
you in a court of law in the Philippines.
You have the right to have a competent
and independent counsel preferably of
your own choice. If you cannot afford the
services of a counsel, the government will
provide you one. Do you understand these
rights?”
(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 any
other similar forms of detention are prohibited.
(3) Any confession or admission in violation of this
Section 17 hereof shall be inadmissible evidence
against him.
(4) The law shall provide for penal and civil
sanction for violations of this section as well
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Extra-Judicial Killing
 Section 13

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.
 Reclusion Perpetua
means
"permanent imprisonment"
Bail is 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
 Who may not invoke the right to bail?

• 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. The purpose of
bail is to secure one’s release and it would be
incongruous to grant bail to one who is free.
• 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.

• Under the Rules of Court, “no bail shall be

allowed after the judgment has become final,
or after the accused has commenced to serve
sentence.
 Nota bene
Even when evidence of guilt is strong, bail may
be granted where there is no probability that
the defendant would flee rather than face the
verdict of the court, or after conviction, on
humanitarian ground where the life or health of
the convict may be endangered by continued
confinement pending appeal.

Example: Juan Ponce Enrile

 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 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. Also, the amount of bail may be
reasonable if considered in terms of surety or
property bond, but excessive if required in the
form of cash. The option to post a cash bond
primarily belongs to the accused.
 Section 14

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, 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.
Prima Facie means “sufficient for proof if
uncontradicted”

ARRAIGNMENT is 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
the same in the language or dialect known to
him and asking him whether he pleads guilty
or not guilty.
 Section 15

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.
 The 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.
 Section 21. 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.

• 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.
 Section 22

No ex post facto law or bill of attainder shall be

enacted.

Ex post facto law is a law that retroactively makes

criminal conduct that was not criminal when
performed, increases the punishment for crimes
already committed, or changes the rules of
procedure in force at the time an alleged crime
was committed in a way substantially
disadvantageous to the accused.
An ex post facto law is one which, operating retrospectively –

(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 than when it was
committed; or
(3) changes the punishment and inflicts a greater
punishment that what the law annexed to the crime, when
committed; or
(4) alters the legal rules of evidence, and received 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.
 What is BILL OF ATTAINDER?

Bill of Attainder is a legislative act which

inflicts punishment without a judicial trial.

 a legislative act that singles out an

individual or group for punishment without a
trial.
End!