Section 1
o Right to life, Liberty, Property
o Right to due process
Substantial Due Process
Procedural Due Process
o Right to equal protection of the laws
Section 2
o Right against unreasonable searches and seizures
Warrant of Arrest and Search Warrant
Requirements:
o Probable Cause (Evidence)
o Judge
o Witness who has personal knowledge on
the matter
Warrantless Arrest:
Caught in the act
Plainview Doctrine
Checkpoints
Citizens arrest is allowed so as long as the
accused / criminal is caught in the act.
Section 3
o Rights to Privacy of Communications
No rights shall be disallowed so as long as the
rights invoke do not constitute a violation the
National Health, Security and Safety.
Section 4
o Freedom of Expression
Freedom of Speech, Freedom of the press.
Section 5
o Right to Religion
Section 6
o Right to abode and travel
Abode right to choose your own place
Travel Right to go to places you desire.
Section 7
o Right to information
Section 8
o Right to form unions and associations
Section 9
o No Private Property shall not be taken without just
compensation.
Three Power of the Government:
Taxation
Police Power
Eminent Domain
Section 10
o Non-impairment of contracts
Section 11
o Free access to courts and quasi-judicial bodies
Section 12
o Rights of the Accused (Under custodial investigation)
Right to be informed to remain silent and be
counsel
Right to be reminded to remain silent and that if
he waives his right to remain silent, anything he
say may be used against him in the court
Right to remain silent.
Right to have a competent legal counsel of his own
choice
If he cannot afford the service of a legal counsel,
he must be provided with one
Secret detention is prohibited
No torture, physical pain shall be inflicted
Any evidence released from physical pain shall be
inadmissible as such.
Section 13
o Right to Bail
Coverage of Bail:
Temporary release from custody
In monetary form
Cases of bail:
In MTC / QTC
o Before or after judgement
In RTC
o Before judgement not punishable by
Reclusion Perpetua (Lifetime
imprisonment)
Discretion of the court
o After judgement on RTC on cases not
punishable by Reclusion Perpetua
No Bail
If the evidence against the accused is strong
Limitations
Depends on the capacity of the accused
Depends on the case
Depends on the age
Depends on the health
Section 14
o Rights of the accused
Criminal Offense
Presumption of innocence
Right to be heard by himself and counsel
Right to be informed of nature and cause of
accusation against him.
Section 15
o Writ of Habeas Corpus
Section 16
o Right to speedy disposition of cases
Section 17
o Right against self-incrimination
Section 18
o Non detention by reason of political beliefs and
aspiration
Section 19
o Prohibited Punishment
Section 20
o Non- imprisonment of debts and poll taxes
Section 21
o Double Jeopardy
Section 22
o Ex- post facto law and bill of attainder
ARTICLE IV CITIZENSHIP
Citizenship Membership of a person to a democratic state
which gives him full civil rights and political rights.
INDEPENDENT AGENCIES
COA Commission on Audit
o Ensures Transparency
COMELEC Commission on Election
o Ensure Legitimacy
CSC Civil Service Commission
o Ensures integrity