Bill of Rights(Section 2)

Article-III, Section-II“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, particularly describing the place to be searched and the persons or things to be seized.”

Article-III, Section-II• The purpose of Section-II is to protect the privacy and the sanctity of the person and of his house and other possessions (papers, documents, effects, etc.) found therein against arbitrary intrusions by agents of the state.

Article-III, Section-II• Search Warrant – is an order in writing, issued in the name of the people of the Republic 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.

Article-III, Section-II• Warrant of Arrest

• A written order in writing to arrest a person, i.e., to take him into custody in order that he may bound to answer for the commission of an offense

Article-III, Section-II A Valid Search Warrant and warrant of

Arrest must have Probable Cause. Probable Cause – means there are facts and

circumstances attending the issuance of warrant sufficient to induce a prudent and cautious judge to rely on them.

The Probable Cause must be determined personally by the judge.

The Warrant must particularly describe the place to be searched, or the person or things to be seized.

Article-III, Section-II Search and Seizures can be made without

Warrant in the following instances:a. When there is consent or waiver – that is if a Peace

Officer has been granted consent to enter the premise of another for the purpose of search and seizure;

b. Where search is an incident to a lawful arrest – say, a pickpocket caught in flagrante delicto, can be searched for his loot;

c. When an officer making the search has reasonable cause to conduct it in a vehicle believed to be containing contraband or forfeited goods – because the vehicle can get away before a warrant is secured.

d. When the possession of articles prohibited by law is disclosed to plain view (plain view rule)

Article-III, Section-IINote:

Inspection conducted by Health and Sanitary inspectors in restaurants in the exercise of “state police power” in view of enforcing laws on public health or by labor inspectors of companies acting on a complaints of its workers for possible violation of labor laws and the Bureau of Internal Revenue examiner of financial records of companies, need not have warrant. The same is true of routinary searches made at the border or ports of entry in the interest of national security

Article-III, Section-II• A private individual can

arrest a criminal even without a warrant, this is called “CITIZEN ARREST”.

Warrantless ArrestFlagrante Delicto

(Caught in the Act);• Person to be

arrested has committed, is actually committing, is attempting to commit an offense;

• Such commission is in the presence of the arresting individual;

• Arresting individual has personal knowledge of such commission.

Hot Pursuit Operation;

• Hot Pursuit Arrest takes effect when a crime has just in fact been committed and the arresting officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it.

Arrest of Fugitive.

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

Article-III, Section-31. The Privacy of communication and

correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

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

Article-III, Section-3• Explanation: Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon.

But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.

Article-III, Section-3• Illustration:• A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable. As evidence in court due to the privacy of communication enshrined in the Philippine Constitution. However, recording of conversation through telephone extension is not a violation of the Anti-Wire Tapping Law.

Limitations of the right• Permissible interference

a) Upon lawful order of the courtb) When public safety or order requires

otherwise as prescribed by law

Article-III, Section-4

“No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Article-III, Section-4• Four (4) Important Rights Embodied in Article III, Section 4:

1. Freedom of Speech;2. Right to a Free Press;3. Freedom of Assembly;4. The Right of Petition.

Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

Article-III, Section-4

1. Freedom of Speech – means an individual is free to speak or utter whatever he wants without prior restraint.

2. Right to a Free Press – means an individual is free to write, publish, and circulate whatever he pleases without restraint.

Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included. Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression.

Article-III, Section-4

3. Freedom of Assembly – refers mainly to peaceful demonstrations related to public affairs.

4. The Right of Petition - to take up one’s grievances with government without fear of persecution.

1. Promote growth of the individual and the nation

2. Makes possible scrutiny of acts and conduct of public officials

3. Insures a responsive and popular government

Importance of the guarantee

Article-III, Section-4

• Freedom of Speech is not absolute, neither is a Free Press.

• Limitations to Freedom of Speech• Severe calumny;• Anything lewd or obscene;• Anything that provokes violence or disorder;• Seditious messages;• “Clear and present danger”.

Article-III, Section-4• Forms of Calumny

• Libel - untruthful information/character assassination in written, and using print or broadcast media.

• Slander - spoken untruthful information / character assassination .

• Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic and it will likely lead to an evil

Article-III, Section-5

“No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious tests shall be allowed for the exercise of civil or political rights..”

Article-III, Section-5• This provision is an implement to

the doctrine of separation of church and state.

• However, the members of a religious organization cannot use religious profession as a justification in committing crimes.

• Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit.

Article-III, Section-6

“The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. The right to travel shall not impaired except in the interest of national security, public safety, or public health, as may be provided by law ”

The liberty of abode and travel• 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 from any source

Article-3 Section-7• The right of the people on matters of public concerns shall be recognized. Accessed to official records and to documents and papes pertaining to official acts, transaction, or decisions, as well as to government research data used as basis for policy development shall be afforded the citizen subject to such limitations as may be provided by law

Scope of the right• The right embraces all public records

• It is limited to citizens only but is without prejudice to the right of the aliens to have access to records of cases where they are litigants

• Its exercise is subject to such limitations as may be provided by law

“Freedom of the Press and freedom of access to information bearing on governmental decision are fundamental elements of Popular Sovereignty”.

People have access to public records such as records of a case in court subject to reasonable rules and regulations, except when it is very clear that the purpose of examination of public record is unlawful, sheer or idle curiosity.

Article-3 Section-7

Writ of habeas data• A judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by unlawful act or omission of a public official of 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

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