SCRIPT ON HUMAN RIGHT LECTURE IN CIC

Many in the PNP are asking: “What exactly are human rights?”
The subject of “Human Rights” is one of the most pressing issues faced by
the Philippine National Police today. Alleged human rights violations by
erring police personnel had made discussions about human rights a
source of discomfort within police circles. Some had even mistakenly
dismissed human rights as a mere propaganda tool used by enemies of
the State to denounce the security sector.
If understood in the proper context, the promotion and protection of
human rights is at the very core of policing. The enforcement of laws and
the maintenance of peace and order are, first and foremost, about
protecting the rights of citizens. For example, police personnel patrol the
streets to deter criminals from committing robbery or theft. These crimes
violate another person’s right to property ownership. Whenever a police
checkpoint is setup, it is essentially about promoting the community’s
right to have a safer place to work or live in --- and not just about
establishing a security cordon.
Human Rights (According to the Universal Declaration of Human Rights
(UDHR) proclaimed by the United Nations General Assembly in December
10, 1948) refer to the “basic rights and freedoms that all human beings
have. “All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards
one another in a spirit of brotherhood
Human Rights (Philippine Commission on Human Rights) “The Supreme,
Inherent and Inalienable rights to life, to dignity & self-development. It is
the essence of these rights that makes man human”.

Article III (BILL OF RIGHTS)

May be defined as a declaration and enumeration of a person's rights and
privileges which the Constitution is designed to protect against violations
by the government, or by an individual or groups of individuals.
It is a charter of liberties for the individual and a limitation upon the power
of the State.

Inherent Powers of the State

Police Power – It is the inherent power of the state to restrain and regulate
the use of liberty and property for the comfort, safety and welfare of
society. Police Power covers laws on:
Public Health – e.g. laws restricting importation of harmful drugs,
maternity leave, restraining mobility of those infected with AIDS, etc.
Public Safety – e.g. laws on driving without license, carrying of deadly
weapons, etc.
Public Welfare – e.g. laws on regulating rent of apartments/houses, price
control, etc.
Public Morals – e.g. laws prohibiting gambling, closing movie houses,
exhibition of lewd, etc.
Power of Eminent Domain – It is the inherent right of the State to
expropriate private property for public purpose upon payment of just
compensation,
Power of Taxation – It refers to the power of the State to impose burdens
on persons, properties, services and compensation.

SECTION I
– 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.
Life – is not limited to the literal meaning of life. It includes the right of
individual to its completeness, free from dismemberment, and extends to
God-given faculties which makes life enjoyable.
- means not only the right to be alive but also the right to be secure
of one’s limb or any part of the body from physical harm.
Liberty – the right to exist and right to be free from personal restraint or
servitude, the right to contract, the right to choose one’s employment, the
right to labor, etc.
it is the right to act freely and in manner one chooses
Property – refers to anything that can come under the right of ownership
and be subject of contract.
The right that is protected refers not only to the possession or the thing
itself, but also the right over the thing.

LIMITATION of NATURAL RIGHTS: Due Process of Law

It is a legal maxims which hears before it condemns and renders judgment
only after trial.
RIGHT OF NOTICE AND HEARING
Two (2) Aspects of Due Process
1. Procedural Due Process – the manner or procedure which must be
followed in the enforcement or application of law.
2. Substantive Due Process – this means that law to be applied is valid,
just and not arbitrary.

Right to EQUAL PROTECTION OF THE LAWS

All persons regardless of their circumstances in life, that is whether they
are rich or poor, educated or illiterate, shall be treated before the law.
EQUAL PROTECTION OF THE LAW
It means that all persons or things similarly situated should be treated
alike both as to rights conferred and responsibilities imposed.
Rubrico v. Macapagal-Arroyo where Justice Arturo D. Brion wrote in his
Separate Opinion that with the enactment of RA No. 9851, the Rule on the
Writ of Amparo is now a procedural law anchored, not only on the
constitutional rights to the rights to life, liberty and security, but on a
concrete statutory definition as well of what an enforced or involuntary
disappearance is. Therefore, A.M. No. 07-9-12-SCs reference to enforced
disappearances should be construed to mean the enforced or involuntary
disappearance of persons contemplated in Section 3(g) of RA No. 9851.
Meaning, in probing enforced disappearance cases, courts should read
A.M. No. 07-9-12-SC in relation to RA No. 9851.

SECTION 2
The right of a man, together with his love-ones, is protected by the Bill of
Rights states:
As a general rule, before a police officer can arrest or search a person, he
must validly first secure a warrant of arrest or search warrant. Without it,
any evidence that can be obtained by such shall become inadmissible
evidence in court.
Rights against unreasonable searches and seizures – this is based
on the constitutional guarantee of the duty of the state to provide security
to the persons, houses, papers, and effects of its people. An unreasonable
search and seizure is one that is conducted illegally or without warrant.
Rights against unreasonable arrest
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 certain personal property and bring it
before the court.
Warrant of Arrest 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 arrest a person designated, i.e., to take him into
custody in order that he may be bound to answer for the commission of
an offense.

Essential Requisites of a Valid Search Warrant or Warrant of

Arrest:
[Link] must be issued upon probable cause. (Probable cause – there are facts
and circumstance attending the issuance of warrant sufficient to induce a
prudent and cautious judge to relay on them);
2. The probable cause must be determined personally by a judge;
3. Such judge must examine, under oath or affirmation, the complainant
and the witness he may produce to determine the existence of probable
cause;
4. The warrant must particularly (specific) describe the place to be
searched, and the person or things to be seized.
GENERAL WARRANT – a warrant that does not specify the thing to be
searched of the person sought to be arrested..It is a prohibited warrant
JOHN/JANE DOE WARRANT Not a general warrant because it has
description personae
When search and seizure may be made without warrant::
1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view
3. Search of a moving vehicle
4. Consented warrantless search
5. Custom search or seizure
6. Stop and frisk
7. Exigent and emergency circumstances
When arrest may be made without warrant:
1. Flagrante Delicto (Caught in the Act)
2. Hot pursuit operation
3. Arrest of Fugitive
SECTION 3
Right to privacy of communication and correspondence – The
provision covers the guarantee from unnecessary interference on the right
of the people to respond and communicate with one another. The
constitution provides two instances by which the state may lawfully
interfere with this freedom:
a. Upon lawful order of the court, and
b. When public safety or order requires it as provided or defined by law
(2) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

Law protecting PRIVACY

1. Anti-Wire Tapping Act (RA 4200) - Surveillance of suspects and
interception and recording of communications of suspects or charged of
terrorism
Navarro v. CA – police complaint gone bad – where the
exchange between two persons is not private, the tape recording is not
prohibited
Salcedo-Ordonez v. CA – annulment with damages – husband is
cheating on me case – Unauthorized tape recordings of telephone
conversations not admissible
2. RA 9995 – Anti Photo and Video Voyeurism Act

SECTION 4
Freedom of expression – it is the act or process of conveying in words
(speech) and other medium what one wishes, without prior restraint or
censorship by the government.
Rights:
a. FREEDOM OF EXPRESSION
1. Speech
2. Expression
3. Free Press/Press
b. Right of Petition – for redress of grievances
c. Right of Assembly – must be peaceful
Limitations to Freedom of Expression
i. Libel/slander/pr Severe calumny
ii. Anything lewd or obscene
iii. Seditious messages – anything that provides violence or disorder;
iv. Balancing Interest Rule
v. Clear and Present Danger Rule
Libel – untruthful information/character assassination in written, and
using print or broadcast media.
Slander – spoken untruthful information/character assassination
Balancing Interest Rule – weighing of rights, one that has greater
importance to public interest must prevail
Clear and Present Danger – if the uttered threat seems serious ([Link].,
the intent appears to be serious), immediate, grave and realistic.
Batas Pambansa Blg. 880 - The Public Assembly Act of 1985
An Act Ensuring The Free Exercise By The People Of Their Right Peaceably
To Assemble And Petition The Government [And] For Other Purposes

Osmea v. Comelec.
The B.P. No. 880 is not an absolute ban of public assemblies but a
restriction that simply regulates the time, place and manner of the
assemblies. The Court referred to it as a content-neutral regulation of the
time, place, and manner of holding public assemblies

SECTION 5
Freedom of religion – the right of religious worship means that every
person is free to choose the kind of relationship he wants with god and to
worship him in a manner he likes and according to his conscience. The
freedom prohibits its regulation by the State.
 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.

RIGHTS:
1. NON-ESTABISHMENT OF RELIGION
Non advancement of a religion, non favoring of religion against other
religions
2. FREE-EXERCISE OF RELIGION
a. Freedom of conscience and freedom to adhere to such religious
organization or form of worship as the individual may choose cannot be
restricted by law. (Freedom to Believe)
b. It safeguard the free exercise of the chosen form of religion (Freedom to
Act)

Prohibition of Religious Test

No religious test shall be required for the exercise of civil or political
rights. E.g., Religion is not a requirement to be employed in the
government

SECTION 6

Liberty of Abode and Travel – This means that every person has a right
to establish his home in any place. He is also free to change his abode or
transfer it from one place to another. It includes the right to travel freely in
the Philippines and outside therefore to any foreign country, subject to the
following conditions:
(a) Upon lawful order of the court, and
(b)In the interest of national security, public safety, or public health as
provided by law.

Silverio v. Court of Appeals

Although the constitutional right to travel is not absolute, it can only be
restricted in
the interest of national security, public safety, or public health, as may be
provided by
law. (See Salonga v. Hermoso & Travel Processing Center, No. L-53622, 25
April 1980,
97 SCRA 121).

SECTION 7

Right to information – every Filipino has the right to gather or obtain

information from official records, documents, and papers relating to
official acts, transaction, or decisions of the government. Records
concerning and affecting the security of the State and other documents
which by their nature are confidential may no be disclosed to the public.

Limitation on the Right:

1. National security matters
2. Trade secrets and banking transactions,
3. Criminal matters
4. Other confidential matters
Valmonte v. Belmonte, Jr.
The right to information goes hand-in-hand with the constitutional policies
of full public disclosure and honesty in the public service. It is meant to
enhance the widening role of the citizenry in governmental decision-
making as well as in checking abuse in government.

Republic Act No. 6713 Section 5 (e), otherwise known as the Code of
Conduct and Ethical Standards for Public Officials and Employees, requires
that all public documents must be made accessible to, and readily
available for inspection by, the public within reasonable working hours

Republic Act No. 9369 Section 1, otherwise known as An Act Amending

Republic Act No. 8436, declares as a state policy a transparent and
credible election process

Republic Act No. 9184 Section 3, otherwise known as the Government

Procurement Reform Act, Govern by the Principle:
a) Transparency in the procurement process and in the
implementation of procurement contracts.
b) Competitiveness by extending equal opportunity to enable
private contracting parties who are eligible and qualified to
participate in public bidding
c) Streamlined procurement process that will uniformly apply to all
government procurement. The procurement process shall be
simple and made adaptable to advances in modern technology in
order to ensure an effective and efficient method.
d) System of accountability where both the public officials directly
or indirectly involved in the procurement process as well as in the
implementation of procurement contracts and the private parties
that deal with government are, when warranted by
circumstances, investigated and held liable for their actions
relative thereto.
e) Public monitoring of the procurement process and the
implementation of awarded contracts with the end in view of
guaranteeing that these contracts are awarded pursuant to the
provisions of this Act and its implementing rules and regulations,
and that all these contracts are performed strictly according to
specifications.

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.
Limitation on the right
The right to form associations or societies, may be abridged or interfered
with by the State in the exercise of its Police Power. This is the meaning of
the phrase “for purpose not contrary to law”
Guijarno v. Court of Industrial Relations.
The State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work."
(Art. II, Sec. 9 of the Revised Constitution) Where does that leave a labor
union, it may be asked. Correctly understood, it is nothing but the means
of assuring that such fundamental objectives would be achieved. It is the
instrumentality through which an individual laborer who is helpless as
against a powerful employer may, through concerted effort and activity,
achieve the goal of economic well-being. That is the philosophy underlying
the Industrial Peace Act. (Republic Act No. 875 (1953). For, rightly has it
been said that workers unorganized are weak; workers organized are
strong. Necessarily then, they join labor unions

The applicable laws, rules and regulation governing labor unions under the
present labor relation system are:
a) The (New) Constitution of the Philippines
b) Labor Code of the Philippines
c) Rule and Regulation Implementing the Labor Code of the
Philippines
d) Jurisprudence

SECTION 9
Private property shall not be taken for public use without just
compensation.

Limitations:
When the elements of eminent domain are not complied with and when
there is No Due Process of Law.
While Section 3(a) of R.A. No. 6395, as amended, and the
implementing rule of R.A. No. 8974 indeed state that only 10% of the
market value of the property is due to the owner of the property subject to
an easement of right-of-way, said rule is not binding on the Court. Well-
settled is the rule that the determination of just compensation in eminent
domain cases is a judicial function.
In Export Processing Zone Authority v. Dulay, the Court held
that any valuation for just compensation laid down in the statutes may
serve only as guiding principle or one of the factors in determining just
compensation but it may not substitute the court's own judgment as to
what amount should be awarded and how to arrive at such amount. The
executive department or the legislature may make the initial
determinations but when a party claims a violation of the guarantee in the
Bill of Rights that private property may not be taken for public use without
just compensation, no statute, decree, or executive order can mandate
that its own determination shall prevail over the court's findings. Much
less can the courts be precluded from looking into the "justness" of the
decreed compensation.

SECTION 10

Rights against non-impairment of obligation of contracts

A contract obliges both parties to perform their agreement according to its
terms and conditions. The constitution prohibits the enactment or passage
of a law that alters or changes the conditions of contracts without the
consent of the parties thereto.

Limitation:
The freedom of 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 with reference to the
promotion of social justice (e.g. Void Contract)
People vs. Pomar (46 Phil. 440) and Philippine National Bank vs.
Vda. e Hijos de Angel Jose (63 Phil., 814), the court, citing article
1255 of the Civil Code, says that the rule in this jurisdiction is that the
contracting parties may establish any agreements, terms, and conditions
they deem advisable, "provided they are not contrary to laws, morals or
public policy"; and while we have searched in vain for a concrete
definition of the term "public policy," in its treatise on the law of contracts,
in dealing with agreements against public policy,

SECTION 11
Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall be denied to any person by reason of poverty.
(a) Right of free access to courts – all citizens, rich or poor, are
guaranteed for the enforcement of their rights and the protection of their
properties from unlawful encroachments by the State and other persons;
(b) Rights to adequate legal assistance – the State provides free legal
assistance to citizens who are unable to hire a lawyer by reason of their
being poor;
A.M. No. 08-11-7-SC (IRR): Re: Rule on the Exemption From the
Payment of Legal Fees of the Clients of the National Committee on Legal
Aid and of the Legal Aid Offices in the Local Chapters of the Integrated Bar
of the Philippines
Section 1. This Rule is issued for the purpose of enforcing the
right of free access to courts by the poor guaranteed under Section 11,
Article III of the Constitution. It is intended to increase the access to
justice by the poor by exempting from the payment of legal fees incidental
to instituting an action in court, as an original proceeding or on appeal,
qualified indigent clients of the NCLA and of the legal aid offices in local
IBP chapters nationwide

SECTION 12

Republic Act No. 7438; April 27, 1992 Rights of Persons Arrested,
Detained or Under Custodial Investigation; Duties of Public Officers
Miranda Rights – provides that before a person under a custodial
investigation is questioned, he must be informed of the following:
1. Right to be informed of his right to remain silent;
2. Right to have independent and competent counsel;
3. Right against torture, force, violence, threat, intimidation, or any other
means which vitiate the free will;
4. Right against being held in secret, incommunicado, solitary forms of
solitary confinement; and
5. The right to be informed of these rights.

Waiver of rights to remain silence and counsel:

1) In writing, and
2) In the presence of counsel
Emphasis on Miranda warning ( Miranda rule, Miranda rights)
The requirement set by the U. S. Supreme Court in Miranda v. Alabama
(1966) that prior to the time of arrest and any interrogation of a person
suspected of a crime, he/she must be told that he/she has: "the right to
remain silent, the right to legal counsel, and the right to be told that
anything he/she says can be used in court against" him/her. Further, if the
accused person confesses to the authorities, the prosecution must prove
to the judge that the defendant was informed of them and knowingly
waived those rights, before the confession can be introduced in the
defendant's criminal trial. The warnings are known as "Miranda Rights" or
just "rights." The Miranda rule supposedly prevents self-incrimination in
violation of the Fifth Amendment to the U. S. Constitution. Sometimes
there is a question of admissibility of answers to questions made by the
defendant before he/she was considered a prime suspect, raising a factual
issue as to what is a prime suspect and when does a person become such
a suspect?

SECTION 12 (2):
RA 9745 (Anti-Torture Act of 2009) AN ACT PENALIZING TORTURE AND
OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT
AND PRESCRIBING PENALTIES THEREFOR

Rights of person under custodial investigation:

• Right against arbitrary detention (Art. 125 RPC)
• Right against torture, inhumane treatment (Art. 3, Sec. 12 #2
Consti
• Right to remain silent (Art. 3 Sec. 12 #1 Consti)
• Right against solitary confinement (Art. 3 Sec. 12 #2 Consti)
 • Right to be assisted by counsel at all times (RA 857) or by a
national/international NGO duly accredited by the Office of the
President (EO 155) – see RA 7438
• Right to be informed that anything he says may and will be used
against him (Miranda rights)
• Right to privacy of correspondence and communication (Art. 3 Sec.
3 #1 Consti)
• Right against unreasonable searches and seizures (Art 3 Sec. 2
Consti)
• Right to competent and independent counsel preferably of his own
choice and be provided with one if he can’t afford the services of
counsel (Art. 3 Sec. 12 #1 Constitution)
• Right to waive assistance of counsel provided it be done
intelligently and with assistance of counsel (ibid)
SECTION 12 (3)/(4):

Republic Act No. 7438 (d) Any extrajudicial confession made by a

person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
Fruit of the poisonous tree. In criminal law, the doctrine that evidence
discovered due to information found through illegal search or other
unconstitutional means (such as a forced confession), may not be
introduced by a prosecutor. The theory is that the tree (original illegal
evidence) is poisoned and thus taints what grows from it. For example, as
part of a coerced admission made without giving a prime suspect the so-
called "Miranda warnings" (statement of rights, including the right to
remain silent), the suspect tells the police the location of stolen property.
Since the admission cannot be introduced as evidence in trial, neither can
the stolen property.
Penalty Clause. – (a) Any arresting public officer or employee, or any
investigating officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall
suffer a fine of Six thousand pesos (P6, 000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10)
years, or both. The penalty of perpetual absolute disqualification shall also
be imposed upon the investigating officer who has been previously
convicted of a similar offense.

SECTION 13
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.
The purpose of requiring bail is to relieve an accused from
imprisonment until his conviction and yet secure his appearance at the
trial. The right to bail is granted because in all criminal prosecutions, the
accused is presumed innocent.

Excessive Bail is prohibited because that is the same as denying the right
to post bail.

Forms of Bail:
a. Cash Bond – Cash deposit
b. Property bond
c. Surety bond
d. On recognizance – custody of a prominent person

Who may not invoke the right to bail (Limitation)

[Link] who is not yet in the custody of the law
2. One charge with capital offense or an offense punishable by reclusion
perpetua
3. Under the Rules of Court, “no bail shall be allowed after the judgment
has become final, or after the accused has commenced to serve
sentence.”

Non-Bailable Crimes
a. Kidnapping;
b. Murder;
c. Rape;
d. Drug-Pushing;
e. Carnapping;
f. Or crimes under the Heinous Crime Law, Plunder Law and Dangerous
Drug Law.
People v. Fitzgerald
“As for an accused already convicted and sentenced to an imprisonment
term exceeding six years, bail may be denied or revoked based on
prosecution evidence as to the existence of any of the. circumstances
under Sec. 5, paragraphs (a) to (e) x x x." Evidently, the circumstances
succinctly provided in Sec. 5 of Rule 114, Revised Rules of Criminal
Procedure have been placed as a guide for the exercise of the appellate
court's discretion in granting or denying the application for bail, pending
the appeal of an accused who has been convicted of a crime where the
penalty imposed by the trial court is imprisonment exceeding six (6)
years.

SECTION 14
a. Right to due process of law – simply stated, due process of law
means fair play, that is, a person court changed with a criminal offense
before a court is given the opportunity to defend himself in court and that
before a judgment is issued or rendered, there is trial;
b. Right to presumption of innocence – in all criminal prosecutions,
the accused is always presumed innocent;
c. Right to be informed of the nature cause of accusation against
him – every person accused of an offense has the right to know the
nature and the cause accusation against him and why the crime is
imputed to him;
d. Right to have a:
[Link] trial – means one could be done immediately without
capricious delays and according to established rules and procedures;
2. Impartial trial – it is conducted by the court without bias for
or against the litigants and that the case is decided solely on its merits;
and
3. Public trial – meaning, it is open to the public. EXCEPT:
cases offensive to public morals or decency
e. Right to meet the witness face-to-face – the accused has the right
to confront or meet the witnesses face to face to :
(1) Allow the accused to cross-examine, through his counsel, the
witnesses against him or in order to test and probe into the veracity or
thruth of their testimonies, affidavits and evidence; and
(2) To afford the judge the opportunity to see for himself how the
witnesses behave while testifying and being cross-examined;
f. Right to compulsory process – every person with a crime has a right
to have compulsory process to secure the appearance or attendance of
witnesses and the production of his evidence;

General Rule: Accused has the right to be present always during trial.
Except: Trial in absence of the accused “Trial in Absentia”
Conditions:
[Link] has been arraigned
[Link] has been duly notified of the trial
3. His failure to appear is unjustifiable
Requisites:
1. There must be an impartial court or tribunal clothed with judicial
power to hear and decide the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property subject of the proceedings;
3. The defendant must be given the opportunity to be heard;

SECTION 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 – is an order issued by a court of competent
jurisdiction, directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place and to
show sufficient cause for holding in custody the individual so detained.

Johanna Sombong v CA.

In general, the purpose of the writ of habeas corpus is to determine
whether or not a particular person is legally held. A prime specification of
an application for a writ of habeas corpus, in fact, is an actual and
effective, and not merely nominal or moral, illegal restraint of liberty. The
writ of habeas corpus was devised and exists as a speedy and effectual
remedy to relieve persons from unlawful restraint, and as the best and
only sufficient defense of personal freedom. A prime specification of an
application for a writ of habeas corpus is restraint of liberty. The essential
object and purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from voluntary, and to
relieve a person there from if such restraint is illegal. Any restraint which
will preclude freedom of action is sufficient.

SECTION 16
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

This speaks of SPEEDY DISPOSITION (right to have one’s case be resolved

as fast as possible)
Matias v. Plan (Justice delayed is Justice denied)
The Constitution guarantees the right of persons against
unreasonable delay in the disposition of cases before all judicial, quasi-
judicial or administrative bodies. Judges play an active role in ensuring
that cases are resolved with speed and dispatch so as not to defeat the
cause of the litigants.
The need for speedy administration of justice cannot be ignored.
Excessive delay in the disposition of cases renders the rights of people
guaranteed by various legislations inutile

SECTION 17
No person shall be compelled to be a witness against himself.
Right against self-incrimination – the accused cannot be compelled to
testify against himself.
What is the scope of the right against self-incrimination?
1. The right against self-incrimination covers testimonial compulsion
only and the compulsion to produce real or physical evidence using the
body of the accused
2. Physical or moral compulsion to extort communication
With what kind of testimony or instances can the right be
invoked?
1. It applies to commutative testimony and not mechanical
testimony
2. Commutative testimony involves the use of intelligence on
the part of the accused or witness. Corrorarily, on cases
on self-incrimination, the following are permissible—
substance from the body, morphine from mouth, put on pants,
physical exam, wallet, picture taking, etc. The following on
the other hand are not permissible—handwriting, signature,
and similar incidents which involve the use of intelligence.

What is the rationale for protecting the right against self-

incrimination?
1) FOR HUMANITARIAN REASONS—to prevent the State with all its
coercive powers from extracting testimony that may convict the
accused
2) FOR PRACTICAL REASONS—the accused is likely to commit perjury if he
were compelled to testify against himself

SECTION18
a. Right against detention for political beliefs – the
constitution abhors the detention of any person by reason of his
political beliefs or aspirations;
b. Right against involuntary servitude – in person can be forced
to render compulsory service to another; (e.g., prohibition on
slavery)

SECTION 19
a. Right to excessive fines – the constitutional guarantee against
excessive fines ordains that the fine imposed on convict must be the one
provided in the law;
b. Right against cruel, degrading/inhuman punishment
- Cruel punishment – this means that torture, mutilation or
severance or cutting off of body parts, etc, or severe pain punishment
- Degrading punishment – it demeans the person of the convict /
putting one to public humiliation;

SECTION 20

No person shall be imprisoned for debt or non-payment of a poll

tax
Right against imprisonment for non-payment of poll tax and debt
Poll Tax – cedula/community tax certificate – for residence tax
Debt:- simple and fraudulent (punishable - limitation to the right e.g.
estafa)
SECTION 21

Right against double jeopardy – putting a person twice in jeopardy of

punishment for the same offense constitutes double jeopardy. The
guarantee provides protection to a person against the chance of being
punished or tried twice for one and the same offense.

SECTION 22

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

a. Ex-Post Facto Law – law that punishes an act during the time of which
it was committed was not yet a crime, it is prohibited EXCEPT: If favorable
to the accused
b. Bill of Attainder – convicting an accused without the benefit of trial
-Ex post facto laws-
People v. Jabinal (possession of unlicensed firearms; secret
agent)
No criminal liability would attach to such possession of said firearm in
spite of the absence of a license and permit. Jabinal must be absolved;
Jabinal may not be punished for an act which at the time it was
done was held not to be punishable; (case of SC abandoning previous
decisions; stare decisions)

-Bill of attainder-
People v. Ferrer (constitutionality of the [then] Anti-Subversion
Act)
A bill of attainder is a legislative act which inflicts
punishment without a trial; Anti-Subversion act not a bill of attainder; It
does not specify the CPP or its members; CPP is used for definition
purposes only because in the law, it also says “any other organization
having the same purpose and their successors”; mere membership to the
CPP not punished; even if the Act specifies individuals, this feature is not
enough to consider it a bill of attainder