ART. III BILL OF RIGHTS

Is an enumeration of the people’s rights that the Constitution guarantees and protects against the government or by the individuals.

PresentedBy:

BSIT-IIIA (Group II)

Inherent powers of the StateInherent powers of the State

2. Power of Eminent Domain- It is the inherent right of the state to expropriate private property for public purpose upon payment of just compensation.

a. Public health-e.g. laws restricting importation of harmful drugs, maternity leave, restraining mobility of those infected with AIDS, etc.

b. Public Safety-e.g. laws on driving without license, carrying of deadly weapons, etc.

c. Public Welfare-e.g. laws on regulating rent of apartments/houses, price control, etc.

d. Public Morals-e.g. Laws prohibiting gambling, closing movie houses, exhibition of lewd, etc.

1. 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:

3. Power of Taxation-It refers to the power of the state to impose burdens on persons, properties, services and compensation.

III. Classes of Rights of CitizensIII. Classes of Rights of Citizens

A. Natural Rights-these are inherent to a person as creation of God. e.g. Right to life, and right to love.

B. Constitutional-these are rights which are granted and protected by the constitution.

C. Statutory Rights-these refers to rights provided by laws which are granted by the legislature and may be abolished by the same, e.g. Right to maternity leave for employed women, etc.

Classification of Constitutional Rights:Classification of Constitutional Rights:

1. Political Rights-those right a citizen exercises to participate in the affairs of the government.

e.g. Right to suffrage , right of citizenship, etc.

2. Civil Rights- Those right that a citizen enjoys in pursuance of individual happiness and development.

E.g. Right to property, right to abode and travel etc.

3. Social and economic rights- rights intended to ensure the well-being and economic security of the individual.

4. Rights of the accused- intended to protect persons accused of any crime.

IV. Rights of the Citizens:IV. Rights of the Citizens:1. Right to life- 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 the physical harm.

2. Right to liberty- it is the right to act freely and in manner one chooses. It includes the right to use and enjoy one’s faculties.

3. Right to property- the right that is protected refers not only to the possession or the thing itself, but also the right over the thing.

4. 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.

5. 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,

E.g. Court order

Essential Requisites of a Valid Essential Requisites of a Valid Search Warrant or Warrant of Search Warrant or Warrant of Arrest:Arrest:(1) It must be issued upon probable cause. (Probable

cause- there are facts and circumstances 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;

(3) The warrant must particularly describe the place to be searched, and the person or things to be seized.

When search and seizure may be When search and seizure may be made without warrant:made without warrant:

(1) When there is consent or waiver;

(2) Where search is an incident to a lawful arrest;

(3) When an officer making the search has reasonable cause to conduct it to a vehicle believed to be consisting contraband or forfeited goods;

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

When arrest may be made without When arrest may be made without warrant:warrant:(1) when, in the presence of a peace offices, the person to

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

(2) When an offense ha sin fact been committed, and he (peace officer) has personal knowledge of facts indicating that 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 final judgment or is temporarily confined while his case is pending, or has escaped will being transferred from one confinement to other.

6.Right to privacy of 6.Right to privacy of communication and correspondencecommunication 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;

7. Freedom of expression7. 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. It covers free speech and free press, right to peaceful assembly and petition for redress of their grievances. This freedom may, however, be regulated by the state to insure that the exercise therefore does not infringe on the rights of others;

8. Freedom of religion8. 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;

9. Right to form associations9. Right to form associations

- This right may not be curtailed as long as the societies formed espouse principles and pursue objectives that are not contrary to or against the law.

10. Liberty of abode and travel10. Liberty of abode and travel

- This means that every person has a right to established 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.

11. Right to information11. Right to information

- Every Filipino has the right to gather or obtain information from official records, documents, and papers relating to official acts, transactions, or decisions of the government. Records concerning and affecting the security of the State and other documents which by their nature are confidential may not be disclosed to the public;

12. Right against impairment of 12. Right against impairment of obligation of contractsobligation 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;

13. Rights of Persons unders 13. Rights of Persons unders InvestigationInvestigation

- Also called Miranda Rights- Right to be informed of his right to remain silent;

(a) Right to have independent and competent counsel;

(b) Right against torture, force, violence, threat, intimidation, or any other means which vitiate the free will; and

(c) Right against being held in secret, incommunicado, or solitary forms of solitary confinement.

Right of the AccusedRight of the Accused

(a) Right to due process of law - simply stated, due process of law means fair trial, 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 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;

(c) 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;

(d) Right to bail – under this right, a person who is charged with an offense is temporarily released from his confinement to allow him to prepare for his defense. The right to bail is based on the presumption of innocence of the accused until proven otherwise;

(e)Right to presumption of innocence – in all criminal prosecutions, the accused is always presumed innocent;

(f)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;

(g)Right to have a speedy, impartial and public trial – speedy trial means one could be done immediately without capricious delays and according to established rules and procedures; 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 public trial, meaning, it is open to the public;

(h)Right to meet the witnesses 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 truth 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;

(i)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;

(j)Right to self-incrimination – the accused cannot be compelled to satisfy against himself;

(k)Right to detention for political beliefs – the constitution abhors the detention of any person by reason of his political beliefs or aspirations;

(l)Right to involuntary servitude – in person can be forced to render compulsory service to another;

(m)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;

(n)Right against cruel, degrading or inhuman punishment – this means that torture, mutilation or severance or cutting off of body parts, etc. are prohibited. A punishment is degrading it is demeans the person of the convict; and

(o)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.