USC Department of Political Science

Political Science 12n/13

Ms. Grace C. Magalzo

Do not forget!
1. There is no such thing as an absolute right.
Living in a democratic country is never a license for you to do whatever you want at
the expense of others.
2. Your right ends when the right of the other person begins.
3. The end, never justifies the means.
4. Many evils exist today because of the wrong use of freedom!

ARTILCE III: BILL OF RIGHTS

Part I. CIVIL RIGHTS
I. 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.
1. DUE PROCESS OF LAW
2. A law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial
3. Responsiveness to the supremacy of reason, obedience to the dictates of justice.
4. It is a guaranty against any arbitrariness on the part of the government, whether
committed by the legislature, the executive or judiciary.
5. PERSON : protects all person, natural as well as artificial.
6. DEPRIVATION: to take away forcibly, to prevent from possessing, enjoying or using
something.
7. LIFE : enjoyment of the individual of all the God given faculties that can make his life
worth living.
8. LIBERTY : is the freedom to do right and not to do wrong
9. PROPERTY: is anything that can come under the right of ownership and be the subject
of contract except public office
10. TWO ASPECTS OF DUE PROCESS:
a. Substantive Due Process
intrinsic validity of the law.
The law must be a valid governmental objective
Lawful subject and lawful means
Example : Ynot vs. IAC
b. Procedural Due Process
- Serves as a restriction on action of judicial and quasi judicial agencies of
government.
c. Requirements of Procedural Due Process
1. An Impartial Court / Tribunal (Cold Neutrality)
2. Jurisdiction
3. Hearing
4. Notice

5.

EQUAL PROTECTION OF THE LAWS. (Nor any person be denied the

equal protection of the laws}

11. If arbitrariness in general may be challenged on the basis of the due process clause,
partiality and prejudice can be cut down through equal protection clause.
12. Definition: All persons subject to legislation should be treated alike, under like
circumstances and conditions both in privileges conferred and liabilities imposed.
13. It is equality among all equals. Equality of all regardless of how they are similarly
situated would rather promote inequality.
14. Persons similarly situated must be treated similarly as to rights conferred or liabilities
imposed.
15. Substantive equality plus equality in enforcement and application.
16. even if the law be fair and impartial on its face, it will still violate equal protection if it
is administered with an evil eye and an uneven hand.
17. Persons Protected : available to all person, natural as well as juridical.
18.It does not require universal application, for:
a. EXAMPLES
1. law prohibiting mature books to all persons regardless of age, would
benefit the morals of the youth but violate the liberty of the adults
2. military service to all citizens valid to able bodied but oppressive to the
handicapped
19. Thus it allows classification.
a. Example:
1. all women belong to one category compared to men
2. minors from adults
20. REQUISITES FOR VALID CLASSIFICATION
a. Substantial Distinction
1. generally law cannot classify on the basis of attire, color, source of native
products, beauty.but certain physical conditions can be basis of valid
classification.
b. Germane to the purposes of the law
1. even if based on substantial distinction but if it is not relevant to the law, it
would not be valid
c. Limited to existing conditions only
1. It must be enforced not only for the present but as long as the problem
would exist
d. Apply equally to all members of the class

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e. 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.
-

available to all persons, including aliens whether accused of a crime or not.

Includes artificial persons although they may be required to open their books of accounts
for the examination of the State in the exercise of police power.
1. Definition
21.Houses - includes his office, business establishment, garage, glass paneled telephone
booth, safety deposit vault
22.Papers and effect: includes sealed letters and packages in the mail which may be
opened and examined only in pursuance of a valid search warrant
23. The Right is personal. It may be invoked only by the person entitled to it.
1. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES
24. It is UNREASONABLE when it is ILLEGAL.
25. Generally, it is ILLEGAL if in the absence of a warrant.
1. What then is a Warrant?
26. SEARCH WARRANT is an order in writing, issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to
search for certain personal property and bring it before the court.
27. WARRANT OF ARREST is an order in writing, issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to
arrest a person designated to take him into custody in order that he may be bound to
answer for the commission of an offense.

1. REQUISITES OF A VALID WARRANT:

28. It must be issued upon a probable cause
such facts and circumstances antecedent to the issuance of the warrant that in
themselves
29. The probable cause is determined by the JUDGE.
30. Examination of the applicant and the witnesses he may produce
a. the evidence offered by the complainant and his witnesses should be based on
their own personal knowledge and not on mere information or belief.
b. the affidavits to be considered sufficient, should be drawn in such manner that the
affiant could be charged with perjury of the allegations contained therein are
found to be untrue.
c. Example:
31. Particularity of Description
a. the place to be searched or the persons or things to be seized be described with
such particularity as to enable the person serving the warrant to identify them.
b. John Doe warrant is insufficient and illegal except if there are some descriptio
personae that will enable the officer to identify the accused.
c. General Warrant is a warrant wherein properties sought to be seized is not
described with particularity.
d. Scatter Shot Warrant is a warrant that contains more than one offenses.

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1. PROPERTIES SUBJECT TO SEIZURE
32. Properties subject of the offense
33. Properties stolen or embezzled and other proceeds or fruits of the offense
34. Properties used or intended to be used as a means of committing the offense.
1. WARRANTLESS ARREST
35. When, in his presence, the person has in fact just committed, is actually committing or
is attempting to commit an offense. (Caught in the Act)
36. When an offense has in fact just been committed and he has personal knowledge of the
facts indicating that the person to be arrested has committed it. (Hot Pursuit)
a. just been committed : no intervention with the period from the time of the
commission of the crime to the actual apprehension of the person
b. personal knowledge :
37. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is service final judgment or temporarily confined while
his case is ending or has escaped while his case is pending or has escaped while being
transferred from one confinement to another
1. WARRANTLESS SEARCH
38. When the rights is voluntary waived
39. Stop and Frisk
40. When the search is incidental to a lawful arrest.
41. Search of vessels and aircrafts
42. Search of Moving Vehicles
43. Inspection of buildings and other premises fort he enforcement of the sanitary and
building regulations
44. Plain View Doctrine
45. Check point
46. Exigent Circumstance
1. Addressed to Governmental Authority and Not to Private Individual

b. 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.
1. LIMITATIONS:
47. Upon lawful order of the court
48. When Public Safety or order requires otherwise as prescribed by law
1. Communication conversation in telephone, cell phones, radio, chatting.
49. No once can just listen or record communication
a. Except:
1. When the party consents
2. Extension Lines
3. Correspondents letters, email, telegrams, text
50. No body can just read and open letters without consent of owner otherwise any
information obtained shall be inadmissible as evidence.
1. If the letter was already sent to the recipient, it becomes the property of
the recipient
2. Exclusionary Rule - Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in any proceeding.

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b. 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.
1. FREEDOM OF SPEECH, EXPRESSION AND PRESS
51. Scope
a. Any and all modes of expression are embraced in the guaranty
52. ASPECTS
a. Freedom from Prior Restraint and Censorship
1. It does not mean total suppression, even restriction of circulation
constitutes censorship
2. Movie Censorship
i. MTRCB classifies only and not for censorship
b. Freedom from Subsequent Punishment
1. Exceptions:
a) Obscenity the determination of what is obscene is a judicial
function
b) Libel a public and malicious imputations of a crime or of a
vice or defect, real or imaginary or any act or omission,
condition, status or circumstance tending to cause the
dishonor, discredit or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.
53.Test for Valid Governmental Regulation
a. Clear and Present Danger whether the words are used in a such circumstances
and of such a nature as to create a clear and present danger that they will bring
about the substantive evils that the State has the right to prevent.
b. Dangerous Tendency Rule whether the words uttered create a dangerous
tendency of an evil which the state has the right to prevent, then such words are
punishable.
c. Balancing of Interest Test determining which of the two conflicting interests
demands the greater protection under the particular circumstances presented.
FREEDOM OF ASSEMBLY AND PETITION (or the right of the people
peaceably to assemble)
54. The Right to Assemble must not be subject to prior restraint. To assemble does not need
a permit or authorization from the government authorities.
55. There is a need to secure a permit to use a public place and not for the assembly itself.
1.

1. FREEDOM TO PETITION THE GOVERNMENT FOR REDRESS OF

GRIEVANCES
56. Criticisms of Official Conduct
a. Except: impede, obstruct or degrade the Judicial Branch
b. 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.
1. Basis: Separation of Church and the State
2. Guarantees
57. Non Establishment Clause
58. Freedom of Religion
59. No Religious Test
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1. NON ESTABLISHMENT CLAUSE
60.Scope: The State cannot set up a church; nor pass laws which aid one religion, aid all
religion, or prefer one religion over another nor force nor influence a person to got to or
remain away from church against his will or force him to profess a belief or disbelief in
any religion.
61. Exceptions:
a. Section 28 (3) Art VI. Exemption from taxation of properties actually, directly and
exclusively used for religious purposes.
b. Section 4 (2), Article XIV. Citizenship Requirement of ownership of educational
institutions, except those established by religious groups and mission boards.
c. Section 3 (3), Art. XIV. Optional Religious instruction in public elementary and
high schools
1. At the option expressed in writing by the parents or guardian
2. Taught within regular class hours by instructors designated or approved by
religious authorities of the religion to which the children or wards belong
3. Without additional cost to the Government
d. Section 29 (2) Art VI. Appropriation allowed where ecclesiastic is employed in the
armed forces in a penal institution or in a government owned orphanage or
leprosarium.
62. Applicable to public institution only or is addressed to the government itself.
1. FREE EXERCISE CLAUSE
63. Aspects Of Freedom of Religious Profession or Worship
a. Right to Believe - absolute
b. Right to Act on Ones Belief subject to regulation
1. Except: harmful, clear and present danger, unwlaful
2.

NO RELIGIOUS TEST (No religious test shall be required for the exercise
of civil or political rights.)

c. Section 6. 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.
64. Liberty of Abode
a. Exception: Lawful Order of the Court
65. Right to Travel
a. Limitations: Interest of National Security, Public Safety, Public Health as may be
provided for by law.
b. 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.
1. Exception : Foreigners / aliens
2. The law on publication of laws.
c. Section 8. 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.

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1. Limitation:
66. within the bounds of law
a. Section 10. No law impairing the obligation of contracts shall be passed.
1. Impairment is anything that diminishes the efficacy of the contract.
2. It must have retroactive effect.
3. Limitation : Inherent powers of the State
b. Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
1. Exceptions to INVOLUNTARY SERVITUDE
67. Punishment for a crime whereof one has been duly convicted.
68. Service in the defense of the State
69. Naval Enlistment
70. Posse Comitatus
71. Return to Work Order in industries
72. Patria Potestat (Parental Authority)
a. Section 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
1. While the debtor cannot be imprisoned for failure to pay his debt, he can be
validly punished in a criminal action if he contracted his debt through fraud
as his responsibility arises not from the contract of loan but from the
commission of the crime.
2. Estafa and BP.22 against public order which punishes dishonesty and
fraud.

Part I. RIGHTS OF THE ACCUSED

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BEFORE CRIMINAL PROSECUTION
b. 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.
(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
other similar forms of detention are prohibited.
(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 section as well
as compensation to the rehabilitation of victims of torture or similar practices, and their
families.

1. WHEN RIGHTS ARE AVAILABLE

73. The rights guaranteed exists only in custodial investigation or in custody interrogation
of the accused person.
a. Custodial Investigation any questioning initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of his freedom of
action in any significant way.
1. A police line up is not considered part of any custodial inquest because it is
conducted before that stage of investigation is reached.
2. The rights are guaranteed by this provision refer to testimonial compulsion
only.
3. WHAT RIGHTS ARE AVAILABLE
74. To be informed of these rights - the accused must understand his rights.
75. To Remain Silent
76. To Competent and Independent Counsel preferably of his own choice at all stages of
the investigation.
77. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him.
78.Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
1. WAIVER of these rights
79. Requisites
a. Must be in writing and made in the presence of a counsel
b. No retroactive effect.
80. What can be waived.
a. The right to remain silent
b. To Competent and Independent Counsel

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1. ECLUSIONARY RULE
81. Any confession or admission obtained in violation of Section 12 and Section 17 of
Article 3 shall be inadmissible in evidence.
a. 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.
1. BAIL is the security required by court and given for the provisional and
temporary release of a person who is in custody of the law conditioned
upon his appearance before any court as required under the conditions
specified.
2. Forms cash deposit, property bond, bond secured from a surety company
or recognizance.
3. WHEN RIGHT CAN BE INVOKED
82. A person under detention even if no formal charges have yet been filed
1. EXCEPTION: When charged with an offense punishable by reclusion
perpetua or higher and the evidence of guilt is strong.
DURING CRIMINAL PROSECUTION
b. Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law. (2) 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.
1. CRIMINAL DUE PROCESS
Accused has been heard in a court of competent jurisdiction
accused is proceeded against under the orderly process pf law
accused has been given notice and the opportunity to be heard
judgment rendered was within the authority of a constitutional law.
1. PRESUMPTION OF INNOCENCE
87. It is a guarantee that no person shall be convicted of a crime except upon confession or
unless his guilt is established by proof beyond reasonable doubt which is more than just
preponderance of evidence sufficient to win a civil case.
88. Burden of Proof: Prosecution
1. RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
89.This right of the accused to have a counsel cannot be waived during the trial.
Reason: Even the most intelligent and educated man may have no skill in the science of
law, particularly in the rules of procedure, and without counsel, he may be convicted
not because he is guilty but because he does not know how to establish innocence.
83. The
84. The
85. The
86. The

1. RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE

ACCUSATION AGAINST HIM
90. The information must state the name of the accused, the designation given to the
offense by statute, a statement of the acts or omission so complained of as constituting
the offense, the name of the offended party, the approximate time and the date of the
commission of the offense and the place where the offense had been committed.
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1. RIGHT TO HAVE SPEEDY, IMPARTIAL AND PUBLIC TRIAL.
91. Speedy Trial: a trial free from vexatious, capricious and oppressive delays. Accused is
entitled to dismissal, equivalent to acquittal if trial is unreasonably delayed.
92. Impartial Trial: cold neutrality of an impartial judge.
93.Public Trial: To prevent possible abuses which may be committed against the accused.
1. RIGHT TO MEET WITNESS FACE TO FACE
94. The Testimony of the witness who has not submitted himself to cross examination is not
admissible in evidence. The affidavits of witness who are not presented during the trial
and thus are not subjected to cross-examination are inadmissible because they are
hearsay.
1. TRIAL IN ABSENTIA
95. Three Conditions that must be present
a. He has been arraigned
b. He has been duly notified of the trial
c. His failure to appear is justifiable
d. Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
e. Section 17. No person shall be compelled to be a witness against himself.
1. SELF INCRIMINATION
96. Availability: Not only in criminal prosecutions but also in all other governmental
proceedings
97. The accused may not be compelled to take the witness stand.
98. Limited to testimonial compulsion only and not mechanical acts.
a. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua. (2) The employment of physical,
psychological, or degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
b. 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.
1. DOUBLE JEOPARDY
99. Requisites
a. He has been previously brought to trial
b. In a court of competent jurisdiction
c. Under a Valid complaint or information
d. The defendant had pleaded (arraigned)
e. The Defendant was previously acquitted or convicted or dismissed or otherwise
terminated without his express consent.
f. He has been charged again for the same offense
g. Section 22. No ex post facto law or bill of attainder shall be enacted.

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100.
a.
b.
c.
d.
101.

a.
b.
c.

1. EX POST FACTO LAW

Definition: one which, operating retroactively
Makes an act done before the passage of a law, innocent when done, criminal and
punishes such act
Aggravates a crime or makes it greater than when it was committed
Changes the punishment and inflicts a greater punishment than what the law
annexed to the crime when committed
Alters the legal rules of evidence and receives less testimony that or different
testimony from what the law required at the time of the commission of the offense
on order to convict the offender.
Characteristics
Laws relate to penal or criminal mattes only
Retroactive in operation
Deprive persons accused of crime some protection or defense previously available
to their disadvantage.
1. BILL OF ATTAINDER

102.

Definition: a legislative act which inflicts punishment without judicial trial.

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Do not FORGET!

Parting Words
All that is necessary for the triumph of evil is that good men do nothing. (Edmund
Burke)
Ignorance of the law excuses no one.
God is watching you!

All for the glory of God!

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