Article III_Bill of Rights

Article IIIBILL OF RIGHTS

Concept of Bill of RightsThe Bill of Rights, otherwise known as the Charter of Liberty, is that part of the Constitution declaring and enumerating the basic rights and liberties of the people which the government or any public officer or employee or any private individual is forbidden to encroach upon or violate. It, therefore, operates as a limitation upon the powers of government. Anyone who violates any of the constitutional rights of another is liable to the latter for damage, and it is not required that the former should have acted with malice or bad faith.

Concept of Bill of RightsThe existence of the bill of rights is a manifestation of republicanism.

The three branches of government cannot exercise their power in violation of individual freedoms and rights under protective mantle of Art. III of the Constitution. Government acts done in transgression of constitutional rights or freedom of a person is a nullity.

The bill of rights is a protection installed by the Constitution in favor of individuals against possible abuses and arbitrariness in the exercise of power by the government.

Concept of Bill of RightsThe Bill of Rights is not meant to be invoked against acts of private individuals. It is a protection against the State. Father Bernas, one of the framers of the Constitution, said “The Bill of Rights governs the relationship between the individual and the state. Its concern is not the relation between individuals, between private individuals. What the bill of rights does is to declare some forbidden zones in private sphere inaccessible to any power holder.

Classes of RightsThe rights that a citizen of a democratic state enjoys may be classified into:

(1) NATURAL RIGHTS – they are those rights possessed by every citizen w/out 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. Examples: right to life, right to liability, right to property, and the right to love

(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 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. Examples: right to receive a minimum wage, right to adopt a child by an unrelated person

Classification of Constitutional rights The human rights secured by the Constitution include social and economic

rights not just political and civil rights. They are as follows:

(1) POLITICAL RIGHTS – rights of the citizens which give them the power to participate, directly or indirectly in the establishment or administration of the government. Examples: right of citizenship, right of suffrage, right on information on matters of public concern

(2) CIVIL RIGHTS – the rights which the laws will enforce at the instance of private individuals for purpose of securing to them the enjoyment of their means of happiness. Examples: rights to due process, equal protection of the laws, rights against involuntary servitude, constitutional rights of the accused. Social & economic rights, religious freedom, liberty of abode and of changing the same, right against impairment of obligation of contract, freedom of speech etc.

(3) SOCIAL AND ECONOMIC RIGHTS – they include those rights which are intended to insure the well-being and economic security of individual. Example: right to property, right to just compensation for private property taken for public use, articles dealing w/ the promotion of social justice, conservation & utilization of natural resources

Classification of Constitutional rightsand the promotion of education, science and technology, and arts and culture.

(4) RIGHTS OF THE ACCUSED – they are the (civil) rights intended for the protection of a person accused of any crime, like the right against unreasonable search and seizure, right to presumption of innocence, the right to a speedy, impartial and public trial, and the right against cruel, degrading or inhuman punishment.

Rights of an individual subordinate to general welfare

None of the rights assured by the Constitution are absolute. They are subject to regulations that may be imposed in the public interest. The State, in order to promote the general welfare, may interfere w/ personal liberty, with property and with business and occupations. To this fundamental aim of the government, the rights of the individual are subordinated.

Due Process Clause

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.

Due process simply means basic fairness and adequate justice. It is an embodiment of the sporting idea of fair play.

Two aspects: (1) procedural D.P. – refers to the manner or method by which the law is enforced or it gives individuals a fair procedure; (2) substantive D.P. – which requires that the law must be fair and reasonable.

Equal Protection of the LawSection 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.

Equal protection of the laws signifies that all persons who are similarly situated should be treated alike under the law in terms of rights and/or obligations. It does not require that persons different in fact be treated in law as though they were the same.

Right against Unreasonable Searches and SeizuresSection 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 Phil, signed by a judge directed to a peace officer, commanding him to search for personal property and bring it before the court.

Warrant of arrest is an order in writing commanding to arrest a person designated and take him into custody in order that he may be bound to answer for the commission of an offense.

Right against Unreasonable Searches and Seizures PROBABLE CAUSE is meant such facts & circumstances sufficient in themselves

to induce a cautious judge to believe that the law has been broken & issue the warrant on the basis thereof. It presupposes the introduction of evidence that the party against whom a warrant is sought to be issues has performed particular act, or committed specific commissions, amounting to a crime punished by our law.

In Warrantless Arrest, a private individual can arrest a criminal even w/out a warrant (Citizen arrest). Warrantless arrest is allowed under the following occasion:

a. flagrante delicto – 3 requisites: (1) person to be arrested has committed, is actually committing, is attempting to commit an offense; (2) such commission is in the presence of the arresting individual; (3) arresting individual has personal knowledge of such commission

b. hot pursuit – takes effect when a crime has just in fact been committed and the arresting police officer or private individual has probable cause to believe based on personal facts/circumstances that the person to be arrested has committed it.

c. arrest of fugitive – when a person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.

Instances of Warrantless Search

1. Where there is consent or waiver

2. Where search is an incident to a lawful arrest.

3. 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.

4. Plain view doctrine or where, w/out a search, the possession of articles prohibited by law is found.

5. As an incident of 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 examiner

6. Routinary searches usually made at the border at ports of entry in the interest of national security & for the proper enforcement of customs & immigration laws.

Privacy of Communication 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.

Right of privacy has been defined as the right of a person to be free from unwarranted publicity, and as the right to live without unwarranted interference by the other people in matters with which they are not necessarily concerned.

Limitations on the right. The right is not violated when the interference is made:

(1) upon lawful order of the court; or

(2) when public safety or order requires otherwise as prescribed by law.

Freedom of speech, of expression and of the press 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. For by

SPEECH AND EXPRESSION include any form of oral utterances. They cover picketing for by it one silently expresses what he has in mind. They also embrace expression by means of motion picture.

The PRESS covers every sort of publications: newspapers, magazines, books, handbills etc. Radio & televisions are also included within this term

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 speech, of expression and of the press Two aspects of freedom of expression & speech:

1. censorship – the suppression or restriction of publication of newspapers or books, airing of news over radio, showing of materials on TV etc. Classification is not equivalent to censorship.

2. Freedom from subsequent punishment – it requires the effective exercise of freedom of expression. Without such freedom, a person may hesitate to express himself/herself for fear of being punished after expressing it. However, this freedom is not absolute & subject to reasonable government regulation.

FREEDOM OF THE PRESS Freedom of the Press – media has the right to inform the public

through TV, newspapers, radio, movies, internet, text messages, books, mail and other means of communications, of what is happening in the world. Such right includes the right to access to government information which should be relayed to the public.

Under the Constitution, access to government information should be afforded not only to the press but also to Filipino citizens. The right of the press to inform the public is correlative to the constitutional right of the people to information on matters of public concern.

It is also defined as immunity of the communications media from government control or censorship. However, the immunity of the press from criminal prosecution is not absolute.

RIGHT TO PEACE ASSEMBLY Freedom of the Press – media has the right to inform the public

through TV, newspapers, radio, movies, internet, text messages, books, mail and other means of communications, of what is happening in the world. Such right includes the right to access to government information which should be relayed to the public.

Under the Constitution, access to government information should be afforded not only to the press but also to Filipino citizens. The right of the press to inform the public is correlative to the constitutional right of the people to information on matters of public concern.

It is also defined as immunity of the communications media from government control or censorship. However, the immunity of the press from criminal prosecution is not absolute.

Religious Freedom 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.

Religious freedom - It is the right of a man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical.

Religion – in its broadest, includes all forms of belief in the existence of superior beings exercising power over human beings and imposing rules of conduct with future state of rewards of punishments.

Two aspects of Freedom of religious profession and worship, namely:

1. Freedom to believe in religion

2. Freedom to act in accordance with such belief

Right to disseminate religious beliefs – the free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious beliefs and information. The right to believe and to worship would be incomplete w/out the constitutional right to share one’s views with others and to seek to win them one’s faith, by giving analysis of contrary views and by solicitation of financial assistance in carrying the truth to others.

License fee or tax on sale of religious articles1. Permission or condition for exercise of right – the imposition of

license or permit fees on the sale or peddling by a religious organization of religious literature and other materials from house to house, conducted not for purpose of profit, would impair the constitutional guarantee of the free exercise and enjoyment or religious profession & worship. The right to peddle religious information is similar to the right of the priest or minister to preach a sermon in his church.

As a license fee is fixed in amount and has nothing to do with the receipts or income of the taxpayer, such fee, when applied to a religious sect, would, in effect, be imposed as a condition for the exercise of the sect’s right under the Constitution.

2. Imposition of financial burden after exercise of right – the constitution does not, however, prohibit imposing a tax on the sale of religious materials by a religious organization. Such tax, unlike a license fee, does not restrain in advance the exercise of religious freedom. It is generally applicable to all, and imposed after the activity taxed is completed, and the fact that the activity is conducted by a religious sect is only incidental.

Religious test prohibited Religious test is one demanding the avowal or repudiation of

certain religious beliefs before the performance of any act. Laws prescribing the qualification of public officials or

employees, whether appointive or elective, or of voters, may not contain requirements of religious beliefs.

Reason: without this provision , religious freedom becomes meaningless. The State, w/out such bar, notwithstanding the doctrine of its separation from the church, could in fact accord preference to a religious organization.

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.

The liberty of abode and travel is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source.

The exception mentioned in Section 6 means subject to the dominant police power of the State.

A person whose liberty of abode is violated may petition for a writ of habeas corpus against another holding him in detention.

Liberty of Abode and Travel

Right to information on matters of public concern.

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.

Scope of the right (1) the right embraces all public records; (2) it is limited to citizens only but is without prejudice to the right of

aliens to have access to records of cases where they are litigants; and (3) its exercise is subject to such limitations as may be provided by law.

Limitation on the right Public records EXCEPTED – records involving the security of the State or which

are confidential in character Information affecting national security, military and diplomatic secrets. It also

includes inter-governmental exchanges prior to consultation of treaties and executive agreement as may reasonably protect the national interest.

Matters relating to investigation, apprehension, and detention of criminals w/c the court may not inquire into prior to arrest, prosecution, and detention.

Trade and industrial secrets and other banking transactions as protected by the Intellectual Property Code and the Secrecy of Bank Deposits Act.

Publics records declared confidential either by law/administrative regulations: tax returns under NIRC, the condition or business of banks under the Central Bank, accounts pertaining to military intelligence funds, certain army records, disbarment proceedings.

In line with the constitutional policy to enhance free flow of information, and to promote full transparency in the conduct of public affairs, the disclosure of information must be the general rule, not the exception. THE BURDEN IS ON THE GOVERNMENT TO JUSTIFY THE WITHHOLDING OF INFORMATION OR DOCUMENT, NOT ON THE PERSON REQUESTING IT.

Other confidential information falling under the scope of the Ethical Safety Act concerning classified information

Right to form associations, etc.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.

Right to form associations – is the freedom to organize or to be a member of any group or association, union or society, and to adopt the rules which the members judge most appropriate to achieve their purpose.

PURPOSE OF THIS RIGHT: Encourage the formation of voluntary associations (thru the

cooperative activities of individuals, the welfare of the nation may be advanced and the government may receive assistance

Enabling individuals to unit in the performance of tasks which singly they would be unable to accomplish such associations relieve the government of a vast burden.

LIMITATION on the right

“For purposes not contrary to law” – may be abridged/interfered w/ by the State in the exercise of its police power.

Eminent Domain Section 9. Private property shall not be taken for public use without

just compensation.

Eminent domain – the right or power of the State or of those to whom the power has been lawfully delegated to take (expropriate) private property for public use upon paying to the owner a just compensation to be ascertained according to law.

Conditions for or limitations upon its exercise

a. existence of public use

b. payment of just compensation

c. observance of due process of law in the taking TAKING – 1). actual physical seizure not essential; 2) taking must be

direct

Non-Impairment ClauseSection 10. No law impairing the obligation of contracts shall be passed.

OBLIGATION OF CONTRACT – is the law or duty which binds the parties to perform their agreement according to its terms or intent, if it (agreement) is not contrary to law, morals, good customs, public order, or public policy.

PURPOSE: it is intended to protect creditors, to assure the fulfillment of lawful promises, and to guard the integrity of contractual obligations. Business problems would arise if contracts were not stable and binding and if the legislature can pass a law impairing an obligation entered into legally. The obligation of a contract is impaired when its terms or conditions

are changed by law or by a party w/out the consent of the other, thereby weakening the position or rights of the latter.

Freedom to contract is necessarily limited by the exercise of the police power of the State in the interest of general welfare and especially in view of the explicit provisions in the Constitution w/ reference to the promotion of social justice

Right to free access to the courts and quasi judicial bodies 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.

The guarantees of due process and equal protection of the law assure all persons like access to the courts as well as quasi judicial bodies of the country for the protection of wrongs, and the enforcement of contracts. But such guarantees are futile if persons are prevented from going to courts on account of their poverty. Within this category may be mentioned the low-paid employees, domestic servants and laborers who, to collect their small salaries and wages, might have to go to court and yet are without means to pay filing or sheriff’s fees and attorney’s fees.

Right to adequate legal assistance It may not be sufficient to just grant the rights of a pauper to poor

litigants. The State has also the constitutional duty to provide free and adequate legal assistance to citizens when by reason of indigence or lack of financial means, they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil, criminal or administrative cases.

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.

Rights of person under investigation

Any person under criminal investigation for the commission of an offense shall have the tight:

(1) To be informed of his right to remain silent;

(2) To have competent and independent counsel preferably of his own choice or to be provided with one;

(3) Against the use of torture, force, violence, threat, intimidation or any other means which vitiates the free will; and

(4) Against being held in secret, solitary, incommunicado, or other similar forms of detention.

Effects of violation of the rights: any confession obtained in violation of any of the above rights is declared inadmissible in evidence before any proceeding. And violators shall be subject to penal and civil sanctions to be provided by law.

Waiver of right of silence and to counsel

Right of silence and to counsel cannot be waived except (1) in writing and (2) in the presence of counsel. This requirement w/c is not found in the 1973 Constitution is directed against abuses in the past whereby written waivers by the accused or detained persons w/out assistance of a lawyer were employed to circumvent constitutional protection on human rights

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. 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.

PURPOSE: to relieve an accused from imprisonment until his conviction and yet secure the appearance at the trial. The right to bail is granted because in all criminal prosecutions, the accused is presumed innocent.

FORM: cash deposit, property bond, bond secured from a surety company, or recognizance

EXCESSIVE BAIL PROHIBITED – reasonable bail rests mainly upon the discretion of the judge.

Right to due process of law in criminal casesSection 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) due process – 1) the accused must be tried before a competent

court; given a fair and impartial fair; allowed to use all legal means and opportunity to defend himself; and 2) judgment awarded against him must be w/in the authority of a valid law

2) observance of fundamental fairness

Right to presumption of innocence1) No person shall be convicted of a crime except upon confession or

unless his guilt is established by proof beyond reasonable doubt w/c is more than just a preponderance of evidence sufficient to win in a civil case.

2) The burden of proof in a criminal proceeding is upon the prosecution. Its evidence must be strong to convince the court that the accused is clearly and unmistakably guilty, not because he cannot prove that the he is innocent, but because it has proved the accused is guilty beyond reasonable doubt.

Right to be heard by himself and counsel In all criminal prosecutions, the defendant shall be entitled XXX be

present and defend in person and by counsel at every stage of the proceedings, from the arraignment to the promulgation of the judgment.

before the arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to have one

Accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de oficio to defend him.

Even if the guilt of the defendant is very apparent, a hearing is still indispensable. He cannot be punished upon a doubtful assumption. Lack of notice of hearing violates procedural due process.

Right to be informed of the nature and cause of the accusation against him Complaint must be known to the accused. The criminal

complaint or information should be sufficiently clear to a person of ordinary intelligence as to what the charge is so as to enable him to prepare his defense.

Right to have a speedy, impartial, and public trial SPEEDY TRIAL – means one that can be had as soon as possible,

after a person is indicted and within such time as the prosecution, w/ reasonable diligence, could prepare for it. It should be atrial “conducted according to fixed rules, regulations and proceedings of law free from vexatious, capricious, and oppressive delays.

IMPARTIAL TRIAL – absence of actual bias in the trial of cases. a judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to its fairness and as to his integrity.

PUBLIC TRIAL – trial is open to all

Right to confrontation of witnesses Accused has the right to meet the witnesses face to face The accused has an opportunity to cross examine witnesses

against him to test their recollection and veracity. Assessment by the court of witness’ credibility – opportunity

for the judge to see the demeanor and appearance of witnesses while testifying

Right to compulsory production of witnesses and evidence

Accused person is entitled to have subpoenas issued to compel the attendance of witnesses in his favor, including a warrant of arrest, if needed.

The accused may also ask the court to issue subpoena duce tecum

The court, upon proper application of the defendant, may order the prosecution to produce or permit the inspection of evidence material to any matter involved in the action, in the possession or under the control of prosecution, the police or any other law investigating agencies.

Trial in absencia The accused may waive his right to personally appear and

be heard in trials, provided the 3 conditions must concur: he has been arraigned; has been duly notified of the trial; and his failure to appear is unjustifiable.

REASON – for speedy administration of justice

Writ of Habeas CorpusSection 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. WRIT OF HABEAS CORPUS – an order issued by court of competent

jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time & place, and to show sufficient cause for holding in custody the individual so detained.

PURPOSE: set the individual at liberty; inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. It is the proper remedy in each and every case of detention w/out legal cause or authority.

Right to speedy dispositionSection 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. This section upholds the time-honored tradition of speedy justice for

as stated in the old dictum – “Justice delayed is justice denied.” It can only invoked after the termination of the trial or hearing of a

case. Supreme Court, all lower collegiate courts, and all other lower courts

are required to decide or resolve cases w/in a certain period of time. It contemplates the disposition of cases involving private interests not

only before judicial bodies, but also before quasi-judicial bodies, and administrative bodies.

Right against self-incrimination Section 17. No person shall be compelled to be a witness against

himself. A protection to avoid a person from exposing to criminal liability. BASIS: (a) Public Policy, because if the party is thus required to

testify, he would be placed under the strongest temptation to commit the crime of perjury; and (b) Humanity, because it prevents the extortion of confession by duress.

This constitutional guarantee protects as well the right of the accused to silence, and his silence, meaning, his failure or refusal to testify, may not be used as a presumption of guilt or taken as evidence against him.

SCOPE: applies in criminal cases as well as in civil, administrative, and legislative proceedings where the fact asked for is a criminal one. It protects one whether he is a party or a winess.

Right against self-incrimination NATURE of Guarantee Purely personal and may be waived; It may not be invoked to protect a person against being

compelled to testify to facts w/c may expose him only to public ridicule or tend to disgrace him;

It may not be invoked simply because the testimony might subject one to some liability not arising from any criminal action.

It is applicable only to a present not a past criminality which involves no present danger of prosecution.

It can be availed of only against TESTIMONIAL COMPULSION

FORM OF TESTIMONY PROHIBITED – this right is limited to prohibition against compulsory testimonial self-incrimination – extracting from defendant’s own lips, against his will, an admission of his guilt.

Right against detention solely by reason of political beliefs and aspirations 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.

It is a positive declaration that within the democratic framework, the people can freely speak of what they think is wrong with the government and its leaders, or seek changes in the government and its policies which they believe to be necessary or the removal of public officials unworthy of their trust. It is a guarantee that henceforth, one can voice his contrary views and ideas about the existing political and social order, that he can articulate his hopes and aspirations for the country, without peril to his liberty. It is a prohibition directed to the government against having “prisoners of conscience.”

Right against detention solely by reason of political beliefs and aspirations 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.

INVOLUNTARY SERVITUDE denotes a condition of enforced, compulsory service of one to another. It has been applied to any service or labor which is not free, no matter under what form such service may have been rendered. It includes SLAVERY or the state of entire subjection of one person to the will of another; and PEONAGE or the voluntary submission of a person to the will of another because of his debt.

BASIS and PURPOSE: (1) the prohibition is grounded on the value accorded to human dignity in a democratic and free society. Human dignity is not a merchandise appropriate for commercial transactions or business bargains

Involuntary Servitude Section 18. (1) xxx

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. BASIS and PURPOSE: This prohibition is grounded on the value

accorded to human dignity in a democratic and free society. Human dignity is not a merchandise appropriate for commercial transactions or business bargains. Fundamental freedoms guaranteed by the Constitution are outside the commerce of men; hence, they cannot be sold, bartered, leased or otherwise be the subject matter of contract.

(2) the purpose is to maintain a system of completely free and voluntary labor by prohibiting the rendition of personal service by one who is compelled by force, coercion, or imprisonment, and against his will, for another’s benefit. It is immaterial whether the labor is paid or not.

Involuntary servitude Section 18. (1) xxx

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. EXCEPTIONS: Not every form of forced labor is within the scope of the

constitutional provision. Thus, the prohibition does not apply: (1) when the involuntary servitude is imposed as a punishment for a

crime whereof the party shall have been duly convicted; (2) when personal military or civil service is required of citizens for the

defense of the State; (3) to injunctions requiring striking laborers to return to work pending

settlement of an industrial dispute; (4) to exceptional services, such as military and naval enlistment. (5) to exercise by parents of their authority to require their children to

perform reasonable amount of work; and (6) where there is proper exercise of the police power of the State.

Right against excessive fines 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.

Amount of the fines shall be determined at the sound discretion of the court. If it keeps within the limits of a statute, the fine cannot usually be held unreasonable.

Right against cruel, degrading or inhuman punishments 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.

This right, as contra-distinguished from the right against the use of torture can only be invoked after conviction of a crime. FORM OF PUNISHMENT: it can be said that punishments are cruel

and/or inhuman when they involve torture or lingering death, such as burning alive, mutilation, starvation, drowning, and other barbarous punishment.

Punishment is degrading when it brings shame and humiliation to the victim, or exposes him to contempt or ridicule, or lowers his dignity and self-respect as a human being.

Right against cruel, degrading or inhuman punishments 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.

Quantity or Duration of Punishment: It is ordinarily not taken into account in determining whether the punishment is cruel or inhuman. Hence, the mere fact a punishment is disproportionate to the nature of the offense as to be shocking to the human conscience would be both cruel and inhuman. Thus, the penalty of life imprisonment or even death is not cruel nor inhuman when imposed for treason, parricide, murder and other heinous offenses especially when aggravating circumstances attended their commission; but it is cruel and inhuman if imposed for petty crimes like slander or theft of small value.

It is not to be lost sight of that to be prohibited by the Constitution, the punishment need only be cruel, degrading, or inhuman.

Right against cruel, degrading or inhuman punishments PURPOSE: to eliminate many of the barbarous and uncivilized

punishments formerly known, the infliction of which would barbarize present civilization. Examples of such punishments are those inflicted at the whipping post or in the pillory, burning at the stake, breaking on the wheel, disemboweling, and the like.

APPLICATION of penalties or punishments – the Constitution mandates that 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 should be dealt with by law. This contemplates the improper, unreasonable, or inhuman application of penalties or punishments on persons legally detained.

Prohibition against imprisonment for debt Section 20. No person shall be imprisoned for debt or non-payment of a

poll tax.

DEBT - means any liability to pay money arising out of a contract, express or implied.

BASIS & PURPOSE: (1) the prohibition was brought about by the force of public opinion w/c looked with abhorrence on statues permitting the cruel imprisonment of debtors. The control of the creditor over the person of his debtor has been abolished on humanitarian considerations. One should not be punished on account of his poverty.

(2) the Constitution seeks to prevent the use of the power of the State to coerce the payment of debts. Moreover, the government is not a proper party to private disputes. It should not render its aid to one who deems himself aggrieved by imprisoning the other for failure to pay his debts.

Prohibition against imprisonment for debt But if the debtor has property, the creditor has the right in a civil case to

have such property attached as a means of enforcing payment of the debt.

PROHIBITION limited to contractual obligations only. The prohibition was never meant to include:

(1) damages arising in action ex delicto (criminal actions), for the reason that the damages recoverable therein do not arise from any contract entered into between the parties, but are imposed upon the defendant for the wrong he has done and are considered as a punishment therefore; and

(2) fines and penalties imposed by the courts in criminal proceedings as punishment for crime.

Prohibition against imprisonment for debt POLL TAX – (or personal or capitation tax) is a tax of a fixed amount

imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.

The community tax (formerly residence tax) is in the nature of a poll tax.

BASIS and PURPOSE of prohibition against imprisonment for non-payment of poll tax

(1) the constitutional right is a measure dictated by a sense of humanity and sympathy for the plight of the poorer elements of the population who cannot even afford to pay their cedula or poll taxes, now community tax

(2) it also seeks to prevent the State from utilizing its coercive power to compel the payment of the tax especially die from those without financial means.

Right against double jeopardy 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.

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.

Double jeopardy exists if the following conditions are present:

(a) He has been previously brought to trial;

(b) In a court of competent jurisdiction (court having jurisidction)

(c) Under a valid complaint or information (sufficient in form and substance to sustain a conviction);

(d) He has been arraigned and pleaded (either guilty or nor guilty) to the charge;

(e) He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and

(f) He is being charged again for the same offense.

Right against double jeopardy Rule in case of mistrial – the right cannot be invoked where a petition

for a declaration of a mistrial is granted on the ground that the proceedings have been vitiated by lack of due process, e.g. the prosecution and the judge who tried and decided the case and acted under the compulsion of some pressure which proved to be beyond their capacity to resist and which not only prevented the pros(2ecution from offering all the evidences which it would have otherwise presented, but also predetermined the final outcome of the case. A re-trial becomes necessary.

RIGHT TO APPEAL IN CRIMINAL CASES (1) The government has no right, therefore, to appeal from a

judgement of acquittal. (2) the accused, after having been convicted, may appeal to a higher

court, but the latter may raise the penalty imposed on him by the lower court and such is not second jeopardy.

Right against double jeopardy CLASSES 1. FOR THE SAME OFFENSE – the protection is against double

jeopardy for the same offense and not for the same act, provided he is charged with a different offense (so an act may give rise to more than one offense) except if the “act is punished by a law (enacted by Congress) and an ordinance” (enacted by a local legislative body) in which case “conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

(2) FOR THE SAME ACT – double jeopardy of punishment for the same act and it applies although the offenses charged are different, one constituting a violation of a statute and the other of an ordinance.

Prohibition of ex post facto law and bill of attainder

Section 22. No ex post facto law or bill of attainder shall be enacted.

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 than what

the law annexed to the crime, when committed; or (4) alters the legal rules of evidence, and receives 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.

CHARACTERISTICS: They are: (1) Ex post facto laws relate to penal or criminal matters only (civil interests

are protected by the non-impairment clause); (2) They are retroactive in their operation; and (3) they deprive persons accused of crime of some protection or defense

previously available, to their advantage. Ex post facto laws are absolutely prohibited unless they are favorable to the accused.

Prohibition of ex post facto law and bill of attainder

Section 22. No ex post facto law or bill of attainder shall be enacted.

A BILL OF ATTAINDER is a legislative act which inflicts punishment without a judicial trial.

If the punishment is less than death, the act is a bill of pains and penalties. It is included within the meaning of bill of attainder as used in the Constitution.

PURPOSE: is designed as a general safeguard against legislative exercise of the judicial function, or simply, trial by legislature.