HUMAN RIGHTS

− These are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
− Human rights include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more.
− Everyone is entitled to these rights, without discrimination.

CHARACTERISTICS OF HUMAN RIGHTS

1. INHERENT -natural or inborn. Not granted by any person or authority.
2. FUNDAMENTAL - essential. Without them, the life and dignity of man will be meaningless.
3. INALIENABLE - cannot be rightfully taken away from a free individual.
4. IMPRESCRIPTIBLE -cannot be lost even if man fails to use or assert them, even by a long passage
of time.
5. INDIVISIBLE -not capable of being divided. Cannot be denied even when others’ rights have already
been enjoyed.
6. UNIVERSAL - Applies irrespective of one's origin, status, or condition or place where one lives.
7. INTERDEPENDENT -The fulfillment or exercise of one cannot be had without the realization of the
other.

HUMAN RIGHTS EDUCATION -training, dissemination, and information efforts aimed at the building
of a universal culture of human rights through the imparting of knowledge and skills and the molding of
attitudes which are directed to:
• The strengthening of respect for human rights and fundamental freedoms;
• The full development of the human personality and the sense of its dignity,
• The promotion of understanding, respect, gender equality, and friendship among all nations,
indigenous peoples and racial, national, ethnic, religious and linguistic groups;
• The enabling of all persons to participate effectively in a free society:
• The furtherance of the activities of the United Nations for the Maintenance of Peace.

CLASSIFICATION OF RIGHTS
ACCORDING TO SOURCE
1. NATURAL RIGHTS- God-given rights, acknowledged by everybody to be morally good.
Unwritten but prevails as norms of the society.
Examples: The right to be happy, right to marry, right to life and property.
2. CONSTITUTIONAL RIGHTS -Conferred and protected by the Constitution and which
cannot be modified or taken away by the law-making body.
Examples: Right to suffrage, right to religion.
3. STATUTORY RIGHTS -Those rights which are provided by law promulgated by the law-
making body. May be abolished by the body that created them.
Examples: right of the accused, rights of persons under custodial investigation.
ACCORDING TO RECIPIENT
1. INDIVIDUAL RIGHTS- Accorded to individuals.
Examples: right to vote, right to own property, etc.
2. COLLECTIVE RIGHTS - Also called "People's Rights" or "Solidarity Rights". Rights of
the society, those that can be enjoyed only in company with others.
Examples: right to cultural preservation, environmental rights, right to assembly, etc.
ACCORDING TO ASPECT OF LIFE
1. CIVIL RIGHTS -Rights which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of happiness.
Examples: right to self expression, right to marry, right to religion, etc.
2. POLITICAL RIGHTS -Rights which enables us to participate in running the affairs of the
government either directly or indirectly.
Examples: right to vote, right to assembly, etc.
 3. ECONOMIC AND SOCIAL RIGHTS -Those which the law confers upon the people to enable
them to achieve social and economic development.
Examples: right to own property, right of employees, etc.
4. CULTURAL RIGHTS -Rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the principle of unity
in diversity.
Examples: right to practice one's own culture, right to cultural religion, right to use own language,
etc.
ACCORDING TO DEROGABILITY
1. ABSOLUTE OR NON-DEROGABLE RIGHTS -Those rights that cannot be suspended nor
taken away nor restricted/limited even in extreme emergency and even if the government invokes
national security.
Examples: The right to freedom of thought, conscience, and religion.
2. DEROGABLE OR CAN-BE-LIMITED RIGHTS -May be suspended or restricted or limited
depending on the circumstances which call for the preservation of social life. It must satisfy three
requirements for it to be valid.
• It is provided for by law which is made known to every citizen;
• There is a state of emergency which needs urgent preservation of the public good, public
safety, and public moral;
• It does not exceed what is strictly necessary to achieve the purpose.
Examples: (During pandemic) the right to travel may be limited, right to liberty, which can be
lawfully restricted.

THREE INHERENT POWERS OF THE STATE

1. POLICE POWER -the power of promoting the public welfare by restraining and regulating the use
of liberty and property. This is the most pervasive, the least limitable, and the most demanding of the three
powers. The police power regulates not only property but, more importantly, the liberty of private persons,
and virtually all the people.
2. POWER OF EMINENT DOMAIN - this is the power of the government to expropriate private
property for public use. It is otherwise known as the power of expropriation is also an important power of
the State in maintaining its operation through acquiring lands to be used for Government operations and
infrastructures subject to just compensation.
3. POWER OF TAXATION - taxes are enforced proportional contributions from persons and property,
levied by the State by virtue of its power, for the support of government and for all public needs.

BILL OF RIGHTS (ART. III 1987 CONSTITUTION)

-Is a declaration and enumeration of a person's rights and privileges which the Constitution is designed to
protect against violations by the government, or abused 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.
-It includes 22 sections which declare a Filipino citizen's rights and privileges that the Constitution has to
protect.

Who Oversees the Fulfillment and Protection of Human Rights or Bill of Rights in the Philippines?
The COMMISSION ON HUMAN RIGHTS (CHR) primarily handles the investigations of
human rights violations. CHR is an independent body which ensures the protection of human rights
guaranteed by the Bill of Rights. Aside from investigations, it also provides assistance and legal measures
for the protection of human rights.

ART. III SEC. 1, BILL OF RIGHTS OF THE 1987 PHIL. CONSTITUTION

"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 law".
DUE PROCESS OF LAW
-The legal requirement that requires the state to respect all the legal rights owed to a person.
-Balances the power of the state and protects the individual person from the power of the state.
-After compliance with fair and reasonable methods of procedures required by law.

CONSTITUTES DEPRIVATION
DEPRIVATION OF LIFE- the loss of any of the various physical and mental attributes which man must
have to live as human being.
DEPRIVATION OF LIBERTY- that one is duly prevented from acting the way he wishes to do.
DEPRIVATION OF PROPERTY- when its value is destroyed.

2 ASPECTS OF DUE PROCESS OF LAW

1. PROCEDURAL DUE PROCESS -it refers to the method or manner by which the law is enforced. It
requires a procedure which hears before it condemns, which proceeds upon inquiry, and renders judgment
only after trial. The Supreme Court has held that the twin requirements of notice and hearing constitute
the essential elements of due process. ("how")
2. SUBSTANTIVE DUE PROCESS - it requires that the law itself, not merely the procedures by which
the law would be enforced, is fair, reasonable and just. In other words, no person shall be deprived of his
life, liberty or property for arbitrary reasons or on flimsy grounds. ("what")

EQUAL PROTECTION OF THE LAW

-It signifies that all person's subject to legislation should be treated alike under circumstances and
conditions both in the privileges conferred and liabilities imposed.
-Ensures that individuals or groups in similar circumstances are treated equally under the law.
-The equal protection of the laws is embraced in the concept of due process, as every unfair discrimination
offends the requirements of justice and fair play.

ART. III BILL OF RIGHTS SEC. 2 OF THE 1987 PHILIPPINE CONSTITUTION

"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 -is an act looking into or over carefully or thoroughly in an effort to find or discover something.
SEIZURE -is an act of taking possession of an item, property, or person legally or by force.
When Search and Seizure Unreasonable?
In general, all illegal searches and seizures are unreasonable while lawful ones are reasonable.

SCOPE OF PROTECTION
The tight against unreasonable searches and seizures is personal and may be Invoked only by the person
entitled to it. The right against unreasonable searches are available to the following:
1. PERSONS -applies to every citizen of the Philippines including aliens whether accused of crime or
not.
2. HOUSES -not limited to dwelling houses but extends to cars, garage, warehouse, shop, store, office
and even a safety deposit vault.
3. PAPERS AND EFFECT - include sealed letters and packages in the mail which may be opened and
examined only in pursuance of a valid search warrant
General Rule: In conducting search, there must be a valid search warrant.

SEARCH WARRANT -It 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 a certain personal property
and bring it before the court.
WARRANT OF ARREST -It is a written order to arrest a person designated to take him in custody in
order that he may be bound to answer for the commission of an offense.
Requisites of a Valid Warrant
The constitutional requirements of valid search and warrant of arrest are the following:
1. It must be based upon probable cause.
2. The probable cause must be determined personally by the judge.
3. The determination must be made after examination under oath or affirmation of the complainant
and the witnesses he may produce.
4. It must particularly describe the place to be searched and the persons or things to be seized.

PROBABLE CAUSE -referring to such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.

DOCTRINE OF FRUIT OF THE POISONOUS TREE

-A rule that makes evidence that was obtained illegally inadmissible in court.
-All evidence (the fruit) derived from an illegal search (the poisonous tree) shall be inadmissible as
evidenced in the court.
-Under the second paragraph of Section 3, Article III stated that "any evidence obtained in violation of
this or the preceding section shall be inadmissible for any purpose in any proceeding.
-Inadmissibility is caused by not following the general rule expressly mentioned under Section 2 and
Section 3, Article III, 1987 Philippine Constitution.

VALID WARRANTLESS SEARCHES

1. WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST
A person lawfully arrested may be searched for dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense without a search warrant.
Note: The arrest must precede from search and in general sense the process cannot be reversed
2. SEARCH OF EVIDENCE IN PLAIN VIEW -means anything seen in plain sight or having visuals
on things that are readily observable.
• The evidence must be immediately apparent;
• The evidence was inadvertently discovered by the police who have the right to be where they are
INADVERTENCE -means that the police officers conducting the search must bear no knowledge that
the evidence was present in that place and that upon execution of search, such was accidentally discovered.
3. SEARCH TO A MOVING VEHICLE
The vehicles inherent mobility reduces expectation of privacy especially when its transit in public
thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant
committed a criminal activity.
4. CONSENTED WARRANTLESS SEARCH -refers to the act of relinquishing or abandoning the right
against search.
5. CUSTOMS SEARCH
Police officers generally empowered by law to effect arrests and execute processes of courts, when acting
under the direction of the Collector (see par. d, sec, 2203, R.A. 1937) have authority to conduct custom
searches within the jurisdiction of the Bureau of Customs.
6. STOP AND FRISK OR TERRY SEARCHES
The act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapons or
contraband. The grounds of suspicion are reasonable when it is based on actual facts strong to create the
probable cause
7. EXIGENT AND EMERGENCY CIRCUMSTANCES -refer to situations or events that require quick
or instantaneous judgment or decision from the police officer.
Examples:
• Access to a burning house to rescue an occupant
• A police officer hearing gunfire inside the house
• Emergency aid to a person being injured inside the building
• Response to a person who screams for help inside an establishment
 WHEN ARREST MAY BE MADE WITHOUT WARRANT OF ARREST
A peace officer or a private person may, without a warrant, arrest a person
1. When, in his presence, the person to be arrested is actually committing s attempting to commit, or has
just committed an offense.
2 When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where
he is serving final judgment or is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. (Section 5. Rule 113, Revised Rules of Court).

ART. III BILL OF RIGHTS SEC. 3 OF THE 1987 PHILIPPINE CONSTITUTION

"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. Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any purpose in any proceeding".

Privacy of Communication and Correspondence

RIGHT OF PRIVACY is the right to be left alone or to be free from unwarranted interference by the
public in matters with which the public is not necessarily concerned.

SCOPE OF PROTECTION
The right covers all forms of private communication and correspondence
CORRESPONDENCE -is defined as communication, generally through letters or emails.
Limitations on the Right of Privacy of Communications
1. Permissible interference.
a. Upon lawful order of the court, or
b. When public safety or order requires otherwise as prescribed by law
2. Intervention of the Court

ART. III BILL OF RIGHTS SEC. 4 OF THE 1987 PHILIPPINE CONSTITUTION

"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".
FREEDOM OF SPEECH, AND EXPRESSION, AND OF THE PRESS
The right to freely utter and publish whatever one pleases without previous restraint, and to be protected
against any responsibility for doing so as long as it does not violate the law, or injure someone's character,
reputation, or business.
Scope of Terms "Speech", "Expression", and "Press"
1. "SPEECH" and "EXPRESSION" cover any form of oral utterances such as protests as expression
of opinion about subjects of public concern.
2. The "PRESS" covers any sort of communication. publications as instruments for mass
Note: FREEDOM OF EXPRESSION IS NOT AN ABSOLUTE RIGHT

Limitations:
1. Subject to regulation by the state.
2. Subject one to liability when abused.
Restraint upon these freedoms may be either content-based or content-neutral CONTENT-BASED
REGULATION OR CENSORSHIP if the restriction is based on the subject matter of the utterance or
speech.
It is CONTENT-NEUTRAL REGULATION if it is merely concerned with the incidents of the speech,
or one that merely controls the time, place or manner, and under well-defined standards.
 Test for Valid Restriction
Generally, restraints on freedom of speech and expression are evaluated by either or a combination of
three tests:
1. DANGEROUS TENDENCY DOCTRINE -permits limitation on speech once a rational connection
has been established between the speech restrained and the danger contemplated.
2. BALANCING OF INTEREST TEST - used as a standard when courts need to balance conflicting
social values and individual interests, and requires a conscious and detailed consideration of the interplay
of interest’s observable in a given situation.
3. CLEAR AND PRESENT DANGER RULE - rests on the premise that speech may be restrained,
because there is substantial danger that the speech will likely lead to an evil the government has a right to
prevent. This rule requires that the evil consequences sought to be prevented must be substantive,
"extremely serious and the degree of imminence extremely high.

ART. III BILL OF RIGHTS SEC. 5 OF THE 1987 PHILIPPINE CONSTITUTION

"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."
FREEDOM OF RELIGION
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

Aspects of Religious Freedom

1. The separation of Church and State.
2. The freedom of religious profession and worship,
Freedom of Religious Profession and Worship
1. Freedom to believe in a religion- absolute right,
2. Freedom to act in accordance with such belief- subject to regulation.

Guarantees contained in Section 5, Article III

1. NON-ESTABLISHMENT CLAUSE -it means that the State should adopt a position of neutrality
when it comes to religious matters. The non-establishment clause states that the State cannot:
A. Set up a Church
B. Pass laws which aid one or all religions or prefer one over another.
C. Influence a person to go to or stay away from church against his will.
D. Force him to profess a belief or disbelief in any religion.
Exceptions to the non-establishment clause:
A. Government sponsorship of town fiestas and some purely religious traditions.
B. Postage stamps depicting the Philippines as the venue of a significant religious event.

ART. III BILL OF RIGHTS SEC. 6 OF THE 1987 PHILIPPINE CONSTITUTION

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."
LIBERTY OF ABODE AND RIGHT TO TRAVEL -It 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 of any source.

Limitations on the Liberty of Abode

The liberty of abode and changing the same may be impaired
1. Upon lawful order of the court, and
2. Within the limits prescribed by law.
Limitations on the Right to Travel
The right to travel cannot be impaired except:
1. In the interest of national security, public safety or public health, as may be provided by law.
2. When a person is released on bail

ART. III BILL OF RIGHTS SEC. 7 OF THE 1987 PHILIPPINE CONSTITUTION

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 rights
-The right embraces all public records
-It is limited to citizens only but it is without prejudice to the right if aliens to have access to
records a case where they are litigants.
- Its exercise is subject to limitation

ART. III BILL OF RIGHTS SEC. 8 OF THE 1987 PHILIPPINE CONSTITUTION

"The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purpose not contrary to law shall not be abridged."
RIGHT TO FORM ASSOCIATIONS
It 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.

ART. III BILL OF RIGHTS SEC. 9 OF THE 1987 PHILIPPINE CONSTITUTION

"Private property shall not be taken for public use without just compensation.
EMINENT DOMAIN POWER OF THE GOVERNMENT -It is the right or power of the State or of
those to whom the power has been lawfully delegated to take private property for public use upon paying
to the owner a just compensation to be ascertained according to law.
JUST COMPENSATION -is described as a full and fair equivalent of the property taken from the private
owner by the expropriator.

Conditions for or Limitations Upon its Exercise

1. Existence of immediate public use
2. Payment of just compensation.
3. Observance of due process of law in the taking.
Payment of Just Compensation
Under the Local Government Code, the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at the time of the taking of the property.
The owner may contest in court the value determined by the assessor

ART. III BILL OF RIGHTS SEC. 10 OF THE 1987 PHILIPPINE CONSTITUTION

"No law impairing the obligation of contracts shall be passed."
IMPAIRMENT CLAUSE OR NON-IMPAIRMENT OF CONTRACTS
It is the law or duty which binds the parties to perform their agreement according to its terms or intent, if
it is not contrary to law, morals, good customs, public order, or public policy.

ART. III BILL OF RIGHTS SEC. 11 OF THE 1987 PHILIPPINE CONSTITUTION

"Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person."
FREE ACCESS TO COURTS
"Everyone is entitled in full equality to a fair and opened court-by an independent and impartial tribunal,
in the determination of his rights and obligations and of any criminal charge against him.
CUSTODIAL INVESTIGATION -It refers to the investigation conducted by law enforcement
immediately after arrest for the commission of an offense.
MIRANDA DOCTRINE -Prior to questioning during custodial investigation, the person must be warned
that he has the right to remain silent, that any statement he gives may be used as evidence against him,
and that he had the right to the presence of an attorney, either retained or accounted.

MIRANDA RIGHTS
• The right to be informed of his rights;
• The right to remain silent and to be reminded that anything he says can and will be used against
him;
• The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for
him;
• Right against torture, force, violence, threat, intimidation or any other means which vitiate the free
will of the person; and
• Right against secret detention places, solitary, incommunicado, or other similar forms of detention.
Only the rights to remain silent and to counsel may be waived. The right to be informed of his rights
cannot be waived at any time.

How important is the giving of Miranda warnings to the suspect during his arrest?
-Any admission or confession made by a suspect during his arrest but without having been read his
Miranda rights are inadmissible.

When is an extrajudicial confession admissible?

it is admissible when:
• Voluntary
• Made with assistance of counsel
• In writing and
• Express

CUSTODIAL RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

SECTION 12, ARTICLE III OF THE 1987 CONSTITUTION SEC. 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.

REPUBLIC ACT NO. 7438

An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as
the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations
thereof

SEC. 4, OR PENALTY CLAUSE OF REPUBLIC ACT # 7438:

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.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial investigation for the commission of an offense if
the latter cannot afford the services of his own counsel.

WRIT OF AMPARO -is a remedy available to any person who’s right to life, liberty and security is
violated or threatened with violation by an unlawful act of commission of a public official or employee,
or of a private individual or entity.

Who May File?

The petition may be filed by the aggrieved party or by any qualified person or entity in the following
order:
(a) Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party;
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or
(c) Any concerned citizen, organization, association or institution, if there is no known member of the
Immediate family or relative of the aggrieved party

WRIT OF HABEAS DATA -is a remedy available to any person who’s right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or employee, or of a
private individual or entity engaged in the gathering collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party

Who May File?

Any aggrieved party may file a petition for the writ of habeas data. However, in cases of extralegal killings
and enforced disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party, namely, the spouse, children and parents;
or spouse
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those mentioned in the preceding paragraph.

ART. III BILL OF RIGHTS SEC. 13 OF THE 1987 PHILIPPINE CONSTITUTION

All persons, except those charged with offenses punishable by reclusion Perpetua when evidence of guilt
is strong, shall, before conviction, be billable 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.

ART. III BILL OF RIGHTS SEC. 14 OF THE 1987 PHILIPPINE CONSTITUTION

(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.

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 -an order issued by a court of competent, directed to a 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.
SECTION 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
The above provisions upholds the time-honored tradition of speedy justice for as stated in the old dictum
justice delayed, justice denied.

SECTION 17. No person shall be compelled to be a witness against himself. This is a protection
against self incrimination which may expose a person to a criminal liability.

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 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 includes the following:
SLAVERY -the state of entire subjection of one person to the will of another
PEONAGE -the voluntary submission of a person(person) to the will of another because of his debt.

SECTION 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither
shall the 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.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.
DEBT -any liability to pay money arising out of contract, express, or implied.
POLL TAX -is a tax of 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.

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.

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

EX POST FACTO LAW - (the law having retroactive effect) is one which, operating retrospectively.
BILL OF ATTAINDER -a legislative act which inflicts punishment without a Judicial trial.
Note: If the punishment is less than death, the act shall be called as BILL OF PAINS AND PENALTIES.