Persons protected: The

Constitution mentions
Aspects of due process
life, liberty and
of law: (1) Procedural
property of a person as
due process (2)
those encompassed by
Substantive due process
the due process
guarantee.
Section 1. Right to
life, liberty, and
property. What does Life, as protected by
it mean by due process? due process of law,
if it is done (1) under means more than mere
the authority of a law animal existence.
that is valid (i.e., not
contrary to the
Liberty, as protected by
Constitution) or of the
due process of law,
Constitution itself, and
denotes not merely
(2) after compliance
freedom from physical
with fair and reasonable
restraint (e.g
methods of procedure
imprisonment).
prescribed by law for
the deprivation.

Property, as protected
by due process of law,
also known may refer to the thing
itself or to the right
as the over a thing.
"Charter of
Sufficiency of description: (1) Place-
Liberty" Scope of the protection: (1) Persons-
description of place to be searched is
the protection applies to everybody,
Section 2. Right sufficient if the other officer with a
to citizens as well as aliens in the
against unreasonable Sufficiency of affidavit search warrant can, with reasonable
Philippines (2) Houses- The
establishes the relationship of the searches and
protection is not limited to dwelling
upon which warrant is effort, ascertain and identify the place
seizures. In based: (1) Test of intended. (2) Person- a warrant of arrest
houses but it does not extend,
individual to the State and defines general, all illegal
however, to the open spaces and
sufficiency affidavit (2) for the apprehension of an unnamed
searches and Basis of affidavit- must party upon whom it is to be served is void
the rights of the individual by seizures are
fields belonging to one. (3) Papers
and effects- They include sealed
be based on personal except in those cases where it contains a
unreasonable while knowledge or description of the person or such as will
limiting the lawful powers of the lawful ones are
letters and packages in the mail
information. enable the officer to identify as accused.
which may be opened and
State. It is one of the most reasonable.
examined only in pursuance of a
(3) Property- definition is required to be
specific only insofar as the circumstances
valid search warrant.
important political achievements will ordinarily allow.

of the Filipinos.
Basis and purpose of the right: (1) Right existing in the
state of nature- The right to privacy is considered as
Section 3. Every person belonging to that class of rights which every human
The concept of a Bill of Rights, as such, is essentially has the right to keep his being possesses in his his natural state and which does

Smith, R. (1945). an occidental prod-uct. For a number of centuries in communication or not lose or surrender by becoming a member of
correspondence a organized society. (2) Right designed to secure
British, French, and American political thought, there
The Philippine Bill has grown the conviction that the rights of the
secret. enjoyment of one's private life- the right to privacy is
accorded protection to secure the enjoyment by a

of Rights. The Far individual must be preserved and safeguarded, not

person of his private life.

Eastern Quarterly, through the authority of an individual, not through

The constitutional freedom of speech and expression,
membership in a particular group or party, not and of the press, otherwise known as freedom of
4(2), 170-181. through reliance upon force of arms, but rather Section 4. Freedom of expression, implies the right to freely utter and
expression. Right to a publish whatever one pleases without previous
doi:10.2307/2048968 through the accepted processes of declared free Press; Freedom of restraint and subsequent punishment or sanction,
Assembly; the Right of and to be protected against any responsibility for so
constitutional law.
Petition. doing as long as it does not violate the law, or injure
someone's character, reputation, or business. It also
includes the right to circulate what is published.

The constitutional guarantee of Aspects of religious freedom: (1)

religious freedom in the right of The separation of Church and
a man to worship God, and to State secured in the first
Section 5. Freedom of entertain such religious views sentence of the provision; and (2)
Religion. as appeal to his individual The freedom of religious
conscience, without dictation or profession and worship, in the
interference by any person or second sentence of the
power, civil or ecclesiastical. provision.

The liberty of abode and travel is the right

of a person to have his home in whatever A person whose liberty
place chosen by him and thereafter to of abode is violated may
Section 6. The liberty of
change it at will, and to go where he petition for a writ of
abode and the right to
pleases, without interference from any habeas corpus against
travel.
source. The 1935 Constitution speaks only another holding him in
of the liberty of abode. The right now detention.
includes the right to travel.

Scope of the right: (1) The right

embraces all public records; (2) It is

1987
limited to citizens only but it is without
Section 7. The right to prejudice to the right of aliens to have
information. access to records of cases where they
are litigants; and (3) Its exercise is
subject to such limitations as may be

CONSTITUTION
provided by law.

Right to speedy disposition of cases: (1) Importance of right- its express inclusion was in response to the common charge against the perennial delays in the
administration of justice which in the past have plagued our judicial system. (2) Invocation of right- the right to a speedy disposition of cases can be invoked The right to form associations is the freedom to organize or to be a
Section 16. Right to Speedy
only after the termination of the trial or hearing of a case. (3) Time limit in disposition of cases- with the setting of an absolute time limit in the disposition of member of any group or association, union, or society, and to adopt the
Dispositions of Cases.

OF THE
cases, a court litigant will not have to wait indefinitely anymore for his case to be decided. (4) Cases contemplated- the provision contemplates the rules which the members judge most appropriate to achieve their purpose.
disposition of cases involving private interests not only before judicial bodies (courts) but also before quasi-judicial and administrative bodies. Section 8. Right to form With or without the above provision, it may be assumed that this right
associations. exists. It is clear that the right to join an association includes the right to
leave and cancel his membership with said organization or to abstain from
joining one. Section 8 grants government employees the right to form

PHILIPPINES
labor unions.
The Right against self-incrimination applies in criminal cases
Right against self-incrimination: This is a
as well as in civil, administrative, and legislative Section 17. Right against
protection against self-incrimination which
proceedings where the fact asked for is a criminal one. It self-incrimination.
may expose a person to criminal liability. Conditions for or limitations upon its exercise: (1)
protects one whether he is a party or a witness. Existence of public use- Public use may be identified

ARTICLE III:
with "public benefit", "public utility", or "public
advantage." (2) Payment of just compensation- Under
the Local Government Code, the amount to be paid for
Section 9. The Right to
Right against detention solely by reason of political beliefs and aspirations: the expropriated property shall be determined by the
Just Compensation.
proper court, based on the fair market value at the time

BILL OF RIGHTS
(1) Incarceration without charges of "political prisoners". (2) Suspension or Section 18. The Right to political
privilege of writ of habeas corpus even after lifting of martial law. (3) beliefs and aspirations. of the taking of the property. (3) Observance of due
Prohibition, a guarantee against having "prisoners of conscience". process of law in the taking- Procedural due process
requires that the owner shall have due notice and
hearing in the expropriation proceedings.
The purpose of the guarantee is to eliminate many of the barbarous and Right against cruel, degrading, or inhuman punishments: This right, as contra- Section 19. The prohibition
uncivilized punishments formerly known, the infliction of which would distinguished from the right against the use of torture (Sec 12[2].), can only be against cruel, degrading or
barbarize present civilization. invoked after conviction for a crime for which a penalty is imposed as punishment. inhuman punishment. The freedom of contract is necessarily limited by the exercise
The obligation of a contract is the law or duty which
of the police power of the State in the interest of general
Section 10. Non- binds the parties to perform their agreement according
welfare and especially in view of the explicit provisions in the
impairment Clause. to its terms or intent, if it (agreement) is not contrary to
Basis and purpose of prohibition against imprisonment for debt: (1) Humanitarian considerations- the prohibition was brought about by the force of public opinion Constitutions with reference to the promotion of social
law, morals, good customs, public order, or public policy.
which looked with abhorrence on statures permitting the cruel imprisonment of debtors. (2) Prevention of use of State power- the Constitution seeks to prevent Section 20. Non-imprisonment justice.
the use of power of the State to coerce the payment of debts. *But if the debtor has property, the creditor has the right in a civil case to have such property for debts.
attached (i.e., taken into legal custody) as a means of enforcing payment of the debt.
The guarantees of due process and equal protection of the laws assure all persons like access to the courts as well as quasi-
Section 11. Free access judicial bodies of the country for the protection of their persons and property, the prevention and redress of wrongs, and the
The right against double jeopardy means that when a person is charged with an offense and the case is to Court enforcement of contracts. But such guarantees are futile if persons without financial means are prevented from going to
terminated wither by acquittal or conviction in any other manner without the express consent of the accused, Section 21. Right against courts on account of their poverty.
the latter cannot again be charged with the same or identical offense. This rule of finality protects against the double jeopardy.
perils of a second punishment as well as a second trial for the same offense.
Any person under criminal investigation for the commission of an offense shall have the right: (1) to be informed of his right
Section 12. Right of
to remain silent; (2) to have competent and independent counsel preferably of his own choice or to be provided with one; (3)
person under Custodial
A bill of attainder is a An ex post facto (after the fact) law is one which, operating against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will; and (4)
Investigation.
legislative act which inflicts retrospectively (1) makes an act done before the passage of a law, against being held in secret, solitary, incommunicado, or other similar forms of detention.
punishment without a judicial innocent when done, criminal, and punishes such act; or (2) aggravates
trial. If the punishment is less a crime or makes it greater than when it was committed; or (3) changes
Section 22. ex post facto law Purpose and form of bail: (1) The purpose of requiring bail is to relieve an accused from imprisonment until his
than death, the act is called a the punishment and inflicts a greater punishment than what the law Section 13. The Right to
and bill of attainder. conviction and yet secure his appearance at the trial. The right to bail is granted because in all criminal
bill of pains and penalties. It is annexed to the crime, when committed; or (4) alters the legal rules of Bail and against
included within the meaning of evidence, and receives less testimony than or different testimony from prosecutions, the accused is presumed innocent. (2) It may be in the form of cash deposit, property bond, bond
Excessive Bail
bill of attainder as used in the what the law required at the time of the commission of the offense, in secured from a surety company or recognizable.
Constitution. order to convict the offender.

Section 14. Rights of the

Rights to Due process in its procedural aspect- A person cannot be held to answer for a criminal offense without due process of law. (Sec. 14[1]; see Sec. 1,
Accused. Rights to Due Process
supra.) Due process in this context pertains more to the procedural aspect. i.e., observance of the procedures prescribed by law. It requires that: (a) 1) tried
of Law in Criminal cases.
before a competent court (i.e., court having jurisdiction); 2) given a fair and impartial trial; and 3) allowed to use all legal means and opportunity to defend
Innocent until Proven Guilty.
himself; and (b) The judgment awarded against him must be within the authority of a valid law. (2) Observance of fundamental fairness- As applied to a
The Rights to Confront one's
criminal trial, denial of due process, it has been said, is the failure to observe that fundamental fairness essential to the very concept of justice.
Accuser.

Purpose of the writ: to inquire into all manner of involuntary

The writ of habeas corpus is an order issued by a court of
restraint or detention as distinguished from voluntary and to
competent jurisdiction, directed to the person detaining another,
Section 15. Writ of relieve a person therefrom if such restraint is found illegal.
commanding him to produce the body of the prisoner at a
Habeas Corpus The writ is the proper remedy in each and every case of
designated time and place, and to show sufficient cause for
detention without legal cause or authority. Its principal
holding it in custody the individual so detained.
purpose then is to set the individual at liberty.