ARTICLE III BILL OF RIGHTS SEARCH- process conducted by authorized

officers to look for SPECIFIC ITEMS that are

limitation to government or state powers related to the crime (SEARCH WARRANT)
(eminent domain, police power, and power of SEIZURES- officers take possession of items
taxation during the search
Section 1. RIGHT TO LIFE, LIBERTY, AND : search and seizure are unreasonable without
PROPERTY No person shall be deprived of life, a valid search warrant/ warrant of arrest
liberty, or property without due process of law, -WARRANT OF ARREST- an official document
nor shall any person be denied the equal signed by the JUDGE (with probable cause that
protection of the laws. is personally determined by judge) w/c
-right to have an enjoyable and normal life authorizes the police officers to ARREST the
with dignity PERSON/ PEOPLE named in the document. Has
-right to be free thru an organized freedom. no lapse unless it will be canceled by the court.
-right to own anything without any threat E-WARRANT- other version of warrant of arrest
being faced that police officers can present anywhere in
: these rights cannot be taken away without the country
the due process (a requirement that legal EXCEPTIONS: Warrantless Arrest--Caught on
matters must be resolved according to the act (In flagrante delicto); Hot Pursuit
established rules and principles) Arrest; Escape Prisoners
-equal protection of laws- treat similarly Citizen’s Arrest- a lawful warrantless arrest
situated individuals in the same manner (all performed by a civilian
citizens including aliens) SEARCH AND SEIZURE W/OUT WARRANT-
 EMINENT DOMAIN: the power of state Consent of an individual to search specific part
to take a private property for public of his/her property, Exigent Circumstances,
use upon payment of just Search incident to an arrest, the plain view
compensation (fair value) doctrine
 POLICE POWER: to inherent and -SEARCH WARRANT- an official document
plenary power in the State which signed by the JUDGE w/c authorizes the police
enables it to prohibit all things hurtful officers to SEARCH a particular location and
to the comfort, safety and welfare of SEIZE SPECIFIC ITEMS. Available only for 10
society days, beyond 10 days there is a lapse.
 POWER OF TAXATION: incidental
power of the state as it emanates from Section 3. EVERY PERSON HAS THE RIGHT TO
the necessity to defray the necessary KEEP HIS/HER COMMUNICATION/
expenses of the government to fulfill CORRESPONDENCE A SECRET (RIGHT TO
its duties and responsibilities and PRIVACY)
promote the general welfare and well- -Right to privacy is not violated when: a.
being of its constituents. lawful order of the court, b. public safety/order
requires it
Section 2. RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES 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 societies for purposes not contrary to law shall
government for redress of grievances. not be abridged.

-Everybody has the right to express themselves

as long as it does not violate the rights of
Section 9. Private property shall not be taken
others, morals, and customs.
for public use without just compensation.
:Defamation- saying/writing something about
another person that hurts their reputation
(Libel/Slander) Section 10. No law impairing the obligation of
contracts shall be passed.

Section 5. No law shall be made respecting an

establishment of religion, or prohibiting the free Section 11. Free access to the courts and quasi-
exercise thereof. The free exercise and judicial bodies and adequate legal assistance
enjoyment of religious profession and worship, shall not be denied to any person by reason of
without discrimination or preference, shall poverty.
forever be allowed. No religious test shall be
required for the exercise of civil or political Section 12. (1) Any person under investigation
rights. 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
Section 6. The liberty of abode and of changing
person cannot afford the services of counsel, he
the same within the limits prescribed by law
must be provided with one. These rights cannot
shall not be impaired except upon lawful order
be waived except in writing and in the presence
of the court. Neither shall the right to travel be
of counsel. (2) No torture, force, violence,
impaired except in the interest of national
threat, intimidation, or any other means which
security, public safety, or public health, as may
vitiate the free will shall be used against him.
be provided by law.
Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited. (3) Any confession or
Section 7. The right of the people to
admission obtained in violation of this or
information on matters of public concern shall
Section 17 hereof shall be inadmissible in
be recognized. Access to official records, and to
evidence against him. (4) The law shall provide
documents and papers pertaining to official
for penal and civil sanctions for violations of this
acts, transactions, or decisions, as well as to
section as well as compensation to the
government research data used as basis for
rehabilitation of victims of torture or similar
policy development, shall be afforded the
practices, and their families.
citizen, subject to such limitations as may be
provided by law.

Section 13. All persons, except those charged

with offenses punishable by reclusion perpetua
Section 8. The right of the people, including
when evidence of guilt is strong, shall, before
those employed in the public and private
conviction, be bailable by sufficient sureties, or
sectors, to form unions, associations, or
be released on recognizance as may be provided crime whereof the party shall have been duly
by law. The right to bail shall not be impaired convicted.
even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be
required. Section 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
Section 14. (1) No person shall be held to penalty be imposed, unless, for compelling
answer for a criminal offense without due reasons involving heinous crimes, the Congress
process of law. (2) In all criminal prosecutions, hereafter provides for it. Any death penalty
the accused shall be presumed innocent until already imposed shall be reduced to reclusion
the contrary is proved, and shall enjoy the right perpetua. (2) The employment of physical,
to be heard by himself and counsel, to be psychological, or degrading punishment against
informed of the nature and cause of the any prisoner or detainee or the use of
accusation against him, to have a speedy, substandard or inadequate penal facilities under
impartial, and public trial, to meet the witnesses subhuman conditions shall be dealt with by law.
face to face, and to have compulsory process to
Section 20. No person shall be imprisoned for
secure the attendance of witnesses and the
debt or non-payment of a poll tax.
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 Section 21. No person shall be twice put in
failure to appear is unjustifiable. 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
Section 15. The privilege of the writ of habeas
same act.
corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety
requires it.
Section 22. No ex post facto law or bill of
attainder shall be enacted.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be

a witness against himself.

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