The BILL OF RIGHTS

Atty. Eddie Boy D. Dimafelix

A.CONCEPT OF BILL OF RIGHTS
1. Privacy and Autonomy
• The Bill of Rights, in General
It is a declaration and enumeration of a person's fundamental civil
and political rights. It also imposes safeguards against violations by the
government, by individuals, or by groups of individuals.
The Bill of rights governs the relationship between the individual
and the state. Its concern is not the relation between individuals,
between a private individual and other individuals. What the Bill of
Rights does is to declare some forbidden zones in the private sphere
inaccessible to any power holder” [People v. Marti, G.R. No. 81561
(1991)].
CONCEPT OF BILL OF RIGHTS
• The Bill of Rights is designed to preserve the ideals of liberty, equality
and security "against the assaults of opportunism, the expediency of
the passing hour, the erosion of small encroachments, and the scorn
and derision of those who have no patience with general principles
[Philippine Blooming Mills Employment Organization v. Philippine
Blooming Mills, Co., G.R. No. L-31195 (1973)].
• It is self-executing. XXX It is recognized that legislation is unnecessary
to enable courts to effectuate constitutional provisions guaranteeing
the fundamental rights of life, liberty and the protection of property.
[Gamboa v. Teves, G.R. No. 176579 (2011)].
Article III contains the chief protection for human rights but
the body of the Constitution guarantees other rights as well.
• Civil rights - rights that belong to an individual by virtue of his
citizenship in a state or community (e.g. rights to property, marriage,
freedom to contract, equal protection, etc.)
• 2. Political rights - rights that pertain to an individual’s citizenship vis-
à-vis the management of the government (e.g. right of suffrage, right
to petition government for redress, right to hold public office, etc.)
• 3. Social and economic rights – rights which are intended to insure
the well-being and economic security of the individual
• 4. Rights of the accused – civil rights intended for the protection of a
person accused of any crime
Application to Private Individuals
• The Bill of Rights cannot be invoked against acts of private individuals.
The equal protection erects no shield against private conduct,
however discriminatory or wrongful [Yrasuegui v. PAL, G.R. No.
168081 (2008)].
• Constitutional protection applies to government action and is meant
as a restraint against sovereign authority. The Bill of Rights is not
meant to be invoked against private individuals, and governs relations
between individuals and the state [People v. Marti, supra].
Private Acts
• The principle that the Bill of Rights applies only to actions taken by
state officials does not necessarily mean that a private individual
cannot violate the liberty of another. Violation of the Bill of Rights
precisely as a constitutional guarantee can be done only by public
officials. But almost all these liberties are also guaranteed by Art. 32
of the Civil Code, thus making private violations actionable even if the
violation does not have a constitutional consequence [BERNAS, the
1987 Constitution of the Republic of the Philippines: A Commentary,
2009]
2. Relation to Human Rights
• Primacy of human rights (doctrine of hierarchy of rights or doctrine of
preferred freedoms) While the Bill of Rights also protects property
rights, the primacy of human rights over property rights is recognized.
In the hierarchy of civil liberties, the rights of free expression and of
assembly occupy a preferred position as they are essential to the
preservation and vitality of civil institutions [Philippine Blooming Mills
Employment Organization v. Philippine Blooming Mills, Co., supra
General Purpose
• The purpose of the Bill of Rights is to withdraw "certain subjects from
the vicissitudes of political controversy, to place them beyond the
reach of majorities and officials, and to establish them as legal
principles to be applied by the courts. One's rights to life, liberty and
property, to free speech, or free press, freedom of worship and
assembly, and other fundamental rights may not be submitted to a
vote; they depend on the outcome of no elections" [West Virginia
State Board of Education v. Barnette, 319 U.S. 624, 638 (1943)].
SPECIFIC PURPOSES
1.To preserve democratic ideals
2. To safeguard fundamental rights
3. To promote the happiness of an individual
DUE PROCESS OF LAW
• Section 1, Article III. – 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.
• Sec. 1, Art. XIII. – The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good.
DUE PROCESS OF LAW
• Due process is a guaranty against any arbitrariness on the part of the
government, whether committed by the legislature, the executive or
the judiciary. [Cruz, p. 205]
• The due process clause has to do with the reasonableness of
legislation enacted in pursuance of the police power. xxx The test or
standard, as always, is reason. The police power legislation must be
firmly grounded on public interest and welfare, and a reasonable
relation must exist between purposes and means. [Ichong v.
Hernandez, supra].
Definition: Due process
• Due process furnishes a standard to which the governmental action
should conform in order that deprivation of life, liberty or property, in
each appropriate case, be valid. The standard is responsiveness to the
supremacy of reason, obedience to the dictates of justice. It has been
identified as freedom from arbitrariness. [Ermita-Malate Hotel and
Motel Operators Association v. City of Manila, supra]
SCOPE
• Universal in application to all persons without regard to any difference
in race, color or nationality. Artificial persons are covered by the
protection but only insofar as their property is concerned [Smith Bell
and Co. v. Natividad, G.R. No. 15574 (1919)]
• The guarantee extends to aliens and includes the means of livelihood
[Villegas v. Hiu Chiong, G.R. No. L-29646 (1978)].
Concept of Right to Life, Liberty and
Property
• Right to Life It includes the right of an individual to his body in its
completeness, free from dismemberment, and extends to the use of
God-given faculties which make life enjoyable [MALCOLM].
• It is understood to include quality of life – which is entitlement to a
life lived with assurance that the government he established and
consented to will protect the security of person means: freedom from
fear; guarantee of bodily and psychological integrity, and guarantee of
protection of one‘s rights by the government [Secretary of National
Defense v Manalo, G.R. No. 180906 (2008)].
Concept of Right to Life, Liberty and
Property
• Right to Liberty Liberty - the right to exist and the right to be free
from arbitrary personal restraint or servitude. It includes the right of
the citizen to be free to use his faculties in all lawful ways. [Rubi v.
Provincial Board of Mindoro, G.R. No. L-14078 (1919)]
• "Liberty" as understood in democracies, is not license; it is "liberty
regulated by law." Implied in the term is restraint by law for the good
of the individual and for the greater good of the peace and order of
society and the general wellbeing.
• It cannot be taken away except by due process of law.
Concept of Right to Life, Liberty and
Property
• Civil Liberty - that measure of freedom which may be enjoyed in a
civilized community, consistently with the peaceful enjoyment of like
freedom in others. [Id.
• The term cannot be dwarfed into mere freedom from physical
restraint of the person of the citizen, but is deemed to embrace the
right of man to enjoy the faculties with which he has been endowed
by his Creator, subject only to such restraints as are necessary for the
common welfare. [Id.] Chief elements of the guaranty: Right to
contract Right to choose one’s employment Right to labor Right to
locomotion [Id.]
Concept of Right to Life, Liberty and
Property
• Right to Property Property - anything that can come under the right of
ownership and be the subject of contract. It represents more than the
things a person owns; it includes the right to secure, use and dispose of
them [Torraco v. Thompson, 263 US 197 (1923)].
• Property and property rights can be lost through prescription. [Philippine
Blooming Mills Employees Organization v. Phil. Blooming Mills Co. Inc.,
supra]
• A mere reasonable or rational relation between the means employed by
the law and its object or purpose — that the law is neither arbitrary nor
discriminatory nor oppressive — would suffice to validate a law which
restricts or impairs property rights. [Id.]
Kinds of Due Process
Substantive Due Process
• Substantive due process inquires whether the government has
sufficient justification for depriving a person of life, liberty, or
property. [White Light Corporation v. City of Manila, G.R. No. 122846
(2009)].
• Substantive due process "requires that the law itself, not merely the
procedures by which the law would be enforced, is fair, reasonable,
and just." It requires the intrinsic validity of the law in interfering with
life, liberty, and property and a guarantee against exercise of arbitrary
power. [Rama v. Moises, G.R. 197146, (2016)]
Requisites of substantive due process
Due process of law simply means that: That there shall be a law
prescribed in harmony with the general powers of the legislative
department of the Government;
That this law shall be reasonable in its operation;
That it shall be enforced according to the regular methods of procedure
prescribed;
That it shall be applicable alike to all the citizens of the state or to all of
a class." [Rubi v. Provincial Board of Mindoro, supra]
Expanded test of substantive due process
1. Is there public interest, public purpose, public welfare involved?
2. Is the act reasonably necessary for the accomplishment of the
legislature‘s purpose?
3. Is it not unreasonable, arbitrary, or oppressive?
4. Is there sufficient foundation or reason in connection with the
manner involved or has there been capricious use of legislative power?
5. Can the aims conceived be achieved by the means used, or is it not
merely and unjustified interference? [Ichong v. Hernandez, supra
• Substantive due process requires that the means employed in
depriving persons of property must not be unduly oppressive. [SJS v.
Atienza Jr., G.R. No. 156052 (2007)

• Lawful subject i.e. the interests of the public in general (as

distinguished from those of a particular class) require the intervention
of the State, and
• Lawful means i.e. means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on
individuals.
Publication of laws
• Before a person may be bound by law, he must be officially and
specifically informed of its contents. For the publication requirement,
“laws” refer to all statutes, including those of local application and
private laws. This does not cover internal regulations issued by
administrative agencies, which are governed by the Local Government
Code. Publication must be full, or there is none at all [Tañada v.
Tuvera, G.R. No. L-63915 (1986)].
Procedural due process
• refers to the procedures that the government must follow before it
deprives a person of life, liberty, or property. It concerns itself with
government action adhering to the established process when it makes
an intrusion into the private sphere. [White Light Corporation v. City
of Manila, supra]
• Procedural due process is that aspect of due process which serves as
a restriction on actions of judicial and quasi-judicial agencies of the
government. It refers to the method or manner by which a law is
enforced. [BERNAS
General Rule: The minimum requirements of
due process are notice and hearing.
• Exceptions: However, notice and hearing are not required in every
case, for there are an admitted number of exceptions in view of the
nature of the property involved or the urgency of the need to protect
the general welfare from a clear and present danger.

• The conclusive presumption bars the admission of contrary evidence

as long as such presumption is based on human experience or there is
a rational connection between the fact proved and the fact ultimately
presumed therefrom.
• Instances when the need for expeditious action will justify omission of
these requisites, (e.g. summary abatement of a nuisance per se like a
mad dog on the loose, which may be killed on sight) because of the
immediate danger it poses to the safety and lives of the people.
• Pornographic materials, contaminated meat and narcotic drugs are
inherently pernicious and may be summarily destroyed.
• The passport of a person sought for a criminal offense may be
cancelled without hearing, to compel his return to the country he has
fled
• Filthy restaurants may be summarily padlocked in the interest of the
public health and bawdy houses to protect the public morals. [Ynot v.
IAC, G.R. No. 74457. March 20, 1987]
Due Process in Judicial Proceedings
• Requisites of due process in civil proceedings: [Banco Español v. Palanca,
G.R. No. L-11390 (1918)]
• 1. There must be a court or tribunal clothed with judicial power to hear and
determine the matter before it
• 2. Jurisdiction must be lawfully acquired over the person of the defendant
or over property which is the subject of the proceeding
• 3. The defendant must be given an opportunity to be heard; and
• 4. Judgment must be rendered upon lawful hearing.
• 5. No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based. No petition
for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor. [Sec.
14, Art. VIII]
• Note: The SC reiterated that the right to appeal is not a natural right
nor part of due process; it is merely a statutory privilege, and may be
exercised only in the manner and in accordance with the provisions of
law [Alba v. Nitorreda, G.R. No. 120223 (1996)].
In Criminal Proceedings
• Sec. 14, Art. III. (1) No person shall be held to answer for a criminal
offense without due process of law. xxx Art. III, Sec. 14[1]
• refers to procedural due process which refers to a law which hears
before it condemns— proceeds upon inquiry, and renders judgment
only after trial.
• Requisites of criminal due process [Sec. 14(2), Art. III, 1987 Constitution]
1. Accused is heard by a court of competent jurisdiction;
2. Accused is proceeded against under the orderly process of law;
3. Accused is given notice and opportunity to be heard
Due Process in Administrative Proceedings
• Seven Cardinal Rights in Administrative Proceedings [Ang Tibay v. CIR, G.R. No. 46496 (1940)]:
• The right to a hearing which includes the right of the party interested or affected to present his own case
and submit evidence in support thereof.
• Not only must the party be given an opportunity to present his case and to adduce evidence tending to
establish the rights which he asserts, but the tribunal MUST consider the evidence presented.
• The decision of the tribunal should be supported by something. Must be based on evidence. A decision
with absolutely nothing to support it is a nullity xxx.
• The evidence supporting the finding or conclusion must be substantial (such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion. This does not include uncorroborated
hearsay or rumors.
• The decision must be rendered on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties affected. Only by confining the administrative tribunal to the evidence
disclosed to the parties can the latter be protected in their right to know and meet the case against them.
• The body must act on its or his own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision Render its decision in such a manner
that the parties to the proceeding can know the various issues involved, and the reasons for the decisions
rendered.
EQUAL PROTECTION OF LAWS
• Concept
• All persons or things similarly situated must be similarly treated both as to
rights conferred and responsibilities imposed.
• Similar subjects, in other words, should not be treated differently, so as to
give undue favor to some and unjustly discriminate against others [Ichong v.
Hernandez, supra].
• The equal protection clause does not require the universal application of the
laws on all persons or things without distinction. What the clause requires is
equality among equals as determined according to a valid classification.
• By classification is meant the grouping of persons or things similar to each
other in certain particulars and different from all others in these same
particulars [The Philippine Judges Association v. Prado, G.R. No. 105371,
(1993)].
Requisites for Valid Classification
1. It must rest on substantial distinctions which make for real
differences;
2. 2. It must be germane to the purpose of the law;
3. 3. It must not be limited to existing conditions only
4. 4. It must apply equally to all members of the same class
RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES
• Sec. 2, Art III. 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
• To whom is it directed
Against the State; the right cannot be invoked against a private
individual.
[The] protection against unlawful searches and seizures…applies to
governmental action. Its origin and history clearly show that it was
intended as a restraint upon the activities of sovereign authority, and
was not intended to be a limitation upon other than governmental
agencies; as against such authority it was the purpose of the Fourth
Amendment to secure the citizen in the right of unmolested occupation
of his dwelling and the possession of his property, subject to the right
of seizure by process duly served [People v. Marti, supra]
Concept of Privacy
• Zones of privacy are recognized and protected in our laws. Within
these zones, any form of intrusion is impermissible unless excused by
law and in accordance with customary legal process. The Constitution
does not have a specific provision protecting the right to privacy. It is
a penumbral right formed from the shadows created by several
constitutional provisions. That is to say, the right to privacy is located
within the zones created by various provisions of the Constitution and
various statutes which protect aspects of privacy. [Ople v. Torres, G.R.
No. 127685 (1998)]
Concept of a Search
The constitutional right against unreasonable searches and seizures is a
personal right invocable only by those whose rights have been infringed
or threatened to be infringed [Valmonte v. General De Villa, G.R. No.
83988 (1989)].

What constitutes a reasonable or unreasonable search and seizure in

any particular case is purely a judicial question, determinable from a
consideration of the circumstances involved [Id]
Types of Warrants
• A Search Warrant is an order in writing, issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and
bring it before the court [Sec. 1, Rule 126, Rules of Criminal Procedure,
Rules of Court]
• Purpose: to gain evidence to convict
• A Warrant of Arrest is a written order issued and signed by a magistrate
(judge in our jurisdiction) directed to a peace officer or some other
person specially named, commanding him to arrest the body of a person
named in it, who is accused of an offense [Brown v. State, 109 Ala. 70, 20
South 103]
• Purpose: to acquire jurisdiction over the person of the accused
Requisites of a Valid Warrant
a. Existence of Probable Cause
b. Probable cause must be personally determined by the Judge
c. After personal examination under oath or affirmation of the complainant
and the witnesses he may produce
d. On the basis of their personal knowledge of the facts they are testifying
to
e. There must be particularity in the description of the places to searched
and the persons or things to be seized
f. The warrant must refer to one specific offense (Requisite added by
jurisprudence)
What may be searched
• A search warrant may be issued for the search and seizure of personal
property: Subject of the offense Stolen or embezzled and other
proceeds, or fruits of the offense; or Used or intended to be used as
the means of committing an offense [Sec. 3, Rule 126, ROC]

• It is not necessary that the property to be searched or seized should

be owned by the person against whom the warrant is issued; it is
sufficient that the property is within his control or possession [Burgos
v. Chief of Staff, supra].
• General Warrant
A general warrant is one that: Does not describe with particularity the
things subject of the search and seizure; or Where probable cause has not
been properly established.
Effects of a General Warrant
It is a void warrant [Nolasco v. Paño, G.R. No. L-69803 (1985)].
Any evidence obtained in violation [of this or the preceding section] shall be
inadmissible for any purpose in any proceeding [Art. III, Sec. 3].
The unconstitutionality of the search and the seizure or the use of a void
search warrant, renders the items seized inadmissible in evidence.
Exception: General descriptions will not invalidate the entire warrant if other
items have been particularly described [Uy v. BIR, G.R. No. 129651 (2000)].
Effect of a void arrest warrant A void arrest warrant would render the arrest
invalid and illegal.
Warrantless Searches
Exceptions to the warrant requirement; valid warrantless searches
• Warrantless search incidental to a lawful arrest
• Seizure of evidence in plain view
• Search of a moving vehicle
• Consented warrantless search
• Customs search
• Stop and Frisk Exigent and
• Emergency Circumstances