Bill of Rights

By Prof. Jet Castillo

 Purpose
 To protect the person against violations by
the government, by another individual, or
by a group of individuals.
 Outline
 First Ten Sections (Sec 1-10)
 Rights of the Accused (Sec 11-22)
The First Ten Sections
Rights to Life, Liberty, Property, and
Due Process
 Section 1
 No one can take away your life, liberty,
and property without proper judicial
proceedings.
Warrant to Search and Seizure
 Section 2
 Search warrant
 Warrant of arrest
 Privacy of Communication
 Section 3
 Letters, text messages, phone calls, radio
messages
 Exemption:
 Order of court, and public safety
 Freedom of speech, expression,
and press
 Section 4
 Speech – verbal
 Expression – non verbal
 Press – the tri-media (radio, TV, print)
 Not absolute. Slander, libel, and obscenity
not allowed
 Right of Assembly
 Section 4
 Peaceful meetings allowed
 Freedom of Religion
 Section 5
 Separation of Church and State
 Religious profession and worship
 Liberty of Abode and Travel
 Section 6
 A person can live and travel anywhere
 Exemption: some people cannot have this
 Mentally-ill
 With communicable disease
 Arrested because of a crime
 Civilians during war/national emergency
 Right to Information of Public
Concern
 Section 7
 Right to access records of the government
 To reduce public suspicion
 Right to Form Associations
 Section 8
 Cooperatives, unions, orgs, NGOs, etc
 Limitation:
 If the association is a threat to public
order, public peace, public morals, or
public safety
 Right to Just Compensation for
Private Property Taken by the Govt
 Section 9
 The government has 3 Inherent Powers
 Eminent domain, police power, and
taxation
 Eminent Domain – the government can
take private property for public use, but
with just compensation
 Protection of Contracts and
Obligations
 Section 10
 Honor the contract, do not alter the terms
and conditions without consent of parties
involved
 Example: interest rates of loans
Rights of the Accused

 Section 11 onwards
 Rights of the Accused
1. Right to adequate legal assistance
2. Right to remain silent
3. Right against the use of torture, force,
violence, threat, or intimidation
4. Right against being held in secret or
incommunicado
5. Right to bail and against excessive bail
 Rights of the Accused
6. Right to due process ( no summary
execution or instant conviction)
7. Right to presumption of innocence
(Innocent until proven guilty)
8. Right to be heard by himself and counsel
(personally enter the plea, present during
arraignment)
9. Right to be informed of the accusation
(arraignment)
 Rights of the Accused
10. Right to have a speedy, impartial, and
public trial
11. Right to meet the witness face to face
12. Right to secure the attendance of the
witness (by asking the judge to issue
subpoenas)
13. The privilege of the writ of habeas
corpus
The “writ”
 Judge asks the police/NBI to produce the
“body” of the prisoner and the “return”
(reason why he is being detained).
 Judge can set free the prisoner if the
“return” is not valid
 Not applicable in times of invasion or
public safety requires it
 Rights of the Accused
14. Right against self-incrimination
(compelled to witness against himself)
(forced to admit guilt)
15. Right against detention by reason of
political beliefs
16. Right against imprisonment by reason of
non-payment of debt.
 Rights of the Accused
17. Right against excessive fines, cruel,
degrading or inhuman punishment,
imprisonment in facilities with subhuman
conditions.
18. Right against infliction of death penalty
except for heinous crimes.
 Rights of the Accused
19. Right against double jeopardy
20. Right against ex post facto law.
(A law that makes illegal an act that was
legal when committed, increases the
penalties for an infraction after it has
been committed)