Vii. ps finals art 3 bill of rights(revised copy)

Article IIIArticle III

BILL OF RIGHTS

ART. III BILL OF RIGHTSmay 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 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.

Classes of Rights of CitizensClasses of Rights of CitizensA. Natural Rights-these are inherent to a person as creation

of God. e.g. Natural Right under Constitution (Life, Liberty, Property) 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.

*The law-making body refers to the LEGISATIVE department or known as the HOUSE OF CONGRESS.

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.

*Political and civil rights can have meaning only if concrete measures are taken to breathe of life and substance to social and economic rights which include cultural rights.

*Freedom of speech, of expression or of the press, the right of assembly and petition, and the right to form associations are likewise civil rights. However, they partake of the nature of political rights when they are utilized as a means to participate in the government

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.

SECTION 1SECTION 1

Lecture of Mr. John Mark Paracad– Philippine Government and Constitution Social Science

Life – is not limited to the literal meaning of life. It includes the right of individual to its body in 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 the 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 Two (2) Aspects of Due ProcesProces

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 the law to be applied is valid, just and not arbitrary.

Right to EQUAL PROTECTION Right to EQUAL PROTECTION OF THE LAWSOF THE LAWSall 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 LAWIt means that all persons or things

similarly situated should be treated alike both as to rights conferred and responsibilities imposed.

SECTION 2SECTION 2Rights 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 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(specific) describe the place to be searched, and the person or things to be seized.Lecture of Mr. John Mark Paracad– Philippine Government and Constitution Social Science

GENERAL WARRANT-a warrant that does not specify the thing to be searched of the person sought to be arrested.-it is a prohibited warrantJOHN/JANE DOE WARRANT-not a general warrant because it has descriptio personae

When search and seizure may be made When search and seizure may be made without warrant: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. Customs search or seizure.6. Stop and frisk7. Exigent and emergency circumstances.


When arrest may be made without When arrest may be made without warrant:warrant:1. Flagrante Delicto (Caught in the

Act);2. Hot Pursuit Operation;3. Arrest of Fugitive.


• 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, andb) 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.

SECTION 3SECTION 3

Laws protecting PRIVACYLaws protecting PRIVACY

Republic Act 4200-ANTI-WIRETAPPING ACTRepublic Act 9995-ANTI-PHOTO AND VIDEO VOYEURISM ACT

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.

SECTION 4SECTION 4

Rights:a. FREEDOM OF EXPRESSION

1. Speech2. Expression3. Free Press/Pressb. Right of Petition-for redress of

grievancesc. Right of Assembly-must be peaceful

Limitations to Freedom of Expression

i. Libel/Slander/or Severe calumnyii. Anything lewd or obsceneiii. Seditious messages-anything that provokes

violence or disorder;

iv. Balancing Interest Rulev. 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 (i.e. the intent appears to be serious), immediate, grave

and realistic.Lecture of Mr. John Mark Paracad– Philippine Government and Constitution Social Science

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.

SECTION 5SECTION 5

RIGHTS:1. NON-ESTABLISHMENT OF RELIGION-non advancement of a religion, non favoring

of religion against other religions2. FREE-EXERCISE of RELIGIONA. 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 safeguards the free exercise of the chosen form of religion. (FREEDOM TO ACT)


Prohibition of Prohibition of Religious TestReligious 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


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.

SECTION 6SECTION 6


9. 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

SECTION 7SECTION 7


1. National security matters.2. Trade secrets and banking transactions.

3. Criminal matters.4. Other confidential matters.

Limitations on the Limitations on the rightright


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.

SECTION 8SECTION 8

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 rightThe 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”.


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 in NO DUE PROCESS OF LAW

SECTION 9SECTION 9


Right against non-impairment of obligations 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

SECTION 10SECTION 10


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)

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not 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;



RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Miranda Rights - provides that before a person under a custodial investigation is questioned, he must be informed of the following:

a) Right to be informed of his right to remain silent;

b) Right to have independent and competent counsel;

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

d) Right against being held in secret, incommunicado, or solitary forms of solitary confinement; and

e) The right to be informed of these rights.



Waiver of rights to remain silence and counsel

1.In writing; and2.In the presence of counsel.

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.

SECTION 13SECTION 13-RIGHT TO BAIL-RIGHT TO BAIL


Forms of Bail:◦Cash Bond-Cash deposit◦Property Bond◦Surety Bond*ON RECOGNIZANCE-custody of a prominent

person

Who may not invoke the right to bail(LIMITATION)

1. One who is not yet in the custody of the law2. One charge with capital offense or an offense

punishable by reclusion perpetua3. 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 Crimes1.Kidnapping;2.Murder;3.Rape;4.Drug-Pushing;5.Carnapping;6.Or Crimes Under the Heinous

Crime Law, Plunder Law and Dangerous Drugs Law.


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.


RIGHTS OF ACCUSED DURING TRIALa. 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 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:

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;

EXCEPT: cases offensive to public morals or decency Lecture of Mr. John Mark Paracad– Philippine Government and Constitution Social Science

e. 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;

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”

Conditionsa) He has been arraigned;b) He has been duly notified of the trialc) His failure to appear is unjustifiable


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.



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)



No person shall be compelled to be a witness against himself.

Right against self-incrimination – the accused cannot be compelled to testify against himself;



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)



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;


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

a. POLL TAX-cedula/community tax certificate-for residence tax

b. DEBT:-simple-fraudulent(punishable)-limitation to the right



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.



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 prohibitedEXCEPT: if favorable to the accusedb. BILL OF ATTAINDER-convicting an accused without the benefit of trial



Vii. ps finals art 3 bill of rights(revised copy)

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Transcript of Vii. ps finals art 3 bill of rights(revised copy)