Table of Contents

No table of contents entries found.

 ARTICLE III
BILL OF RIGHTS (2) Civil rights (security of the means of happiness
by the private individual)
Bill of Rights (Charter of Liberty)
- Rights to due process and equal
- It is a charter of liberties for the individual and a
protection of the laws;
limitation upon the power of the State.
- The rights against involuntary
- Its basis is the social importance accorded to
servitude;
the individual in a democratic or republican
- Imprisonment for non-payment of debt
state
or a poll tax;
- Constitutional rights of the accused;
Classes of Rights
- Social and economic rights;
- Natural Rights –conferred by God
- Religious freedom;
- Right to life
- Liberty of abode and of changing the
- Right to liberty
same; and
- Right to property
- The right against impairment of
- Right to love
obligation of a contract.
- Constitutional Rights – conferred in Constitution
- Statutory Rights – conferred by laws
- Right to receive a minimum wage NOTE: freedom of speech of expression or of
- Right to adopt a child the press, the right of assembly and petition,
and the right to form associations are
NOTE: certain Constitutional and Statutory rights may likewise civil rights. However, they partake of
be categorized as natural rights (e.g., right to liberty) the nature of political rights when they are
and are based on positive law. utilized as a means to participate in the
government.
Universal Declaration of
Human Rights (Dec. 10, Classification of (3) Social and Economic Rights (insure the well-
1948) lays the foundation of Constitutional rights being and economic security of the individual)
all international human - Right to property;
rights law. (1) Political - Right to just compensation for private
rights (power property taken for public use;
R.A. No. 9021 (April 1, 2003) to participate - Dealing with the promotion of social
declares December 4 to 10 in the justice;
as the country’s National - Conservation and utilization of natural
Human Rights resources; and
Consciousness Week. The - Promotion of education, science and
week culminates on technology and arts and culture.
December 10 which is the
International Human Rights (4) Rights of the accused
Day - Right against unreasonable search and
seizure;
establishment or administration of government)
- Right to presumption of innocence;
- Right to citizenship
- Right to speedy, impartial, and public
- Right of suffrage
trial; and
- Right to information on matters of
- Right against cruel, degrading, inhuman
public concern
punishment.
 Procedural Due Process

State Authority and Individual Freedom (1) In judicial proceedings. It requires

a. Impartial court
(1) State, an instrument to promote both individual b. Jurisdiction lawfully acquired
and social welfare. c. Opportunity to be heard
(2) Conflict between individual rights and group d. Judgement on a lawful hearing
welfare.
(3) Balancing of individual and group rights and NOTE: plaintiff has a right to be given
interests. opportunity to be heard on his claims.
(4) Role of the Judiciary
(2) In administrative proceedings
Doctrine of laissez faire – let people do as they choose. a. Notice and hearing may be dispensed
b. Offender may be arrested pending the
Secti on 1. No person shall be deprived of life, liberty, filing of charges
or property without due process of law, nor shall any c. Officer may be suspended pending an
person be denied the equal protection of the laws. investigation for violation of civil service
rules and regulations
Can the state deprive a
person of his life, liberty, or Due process is done NOTE: It is sufficient if opportunity is later given
property? (1) Under the to the individual adversely affected to test the
authority of a validity of the administrative action.
YES. Provided that valid law
due process of law is (2) After Substantive Due Process
observed. compliance o Within the power of the law-making body to
with fair and enact; and
NOTE: reasonable o reasonable in its operations.
- In cases involving methods of
individual’s right, procedure RULE: failure to meet the validity of both due process is
doubts are resolved prescribed by considered a breach of right.
in favor of the poor law
and weak. Definition of terms
- In cases involving Aspects of due
validity economic process of law (what All persons within the territorial
and how) Person
and political jurisdiction of the Philippines
policies, doubts are Persons within the scope of the
o Procedural Private
resolved in favor of guarantee in so far as their property
due process corporations
the government. is concerned
- Man Not mere existence but extends to all
ner of law enforcement Life
facets of human enjoyment
- Requisite: notice and hearing Not mere freedom from restraint but
Liberty freedom from other pertinent
o Substantive due process aspects. Liberty is not absolute.
- The law itself Right over a thing and own, us,
- Requisite: fair, reasonable, and just Property
transmit, and destroy them.

What constitutes deprivation?

 (1) Deprivation of life (2) Available to all persons (alien and private
- foundation of all human rights corporation included except municipal
- “I will cut your limb” corporation as they are government created);
(2) Deprivation of liberty (3) It does not extend to political rights; and
- “Don’t cross dress” (4) Not intended to enforce social equality (while
(3) Deprivation of property all persons are equal in worth, the are not equal
- “I’ll destroy your house” in all things).

NOTE: these acts of deprivation is not limited to its Secti on 2. The right of the people to be secure in their
physical or literal aspect but encapsulate all aspects of persons, houses, papers, and effects against
deprivation. unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search
Equal Protection of the Laws warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the
“It signifies that all persons subject to legislation should judge after examination under oath or affirmation of
be treated alike, under like circumstance and conditions the complainant and the witnesses he may produce,
both in the privileges conferred and liabilities imposed.” and particularly describing the place to be searched and
the persons or things to be seized.
Equality: same treatment on people alike
Equity: varying treatment depending on the qualities of Search warrant v. warrant of arrest
the person
A written order commanding him to
Search
Class legislation is a circumstance that discriminates search for certain personal proper and
warrant
against some and favors others when both are similarly bring it before the court.
situated or circumstanced. Warran A written order arresting a person in order
t of that he may be bound to answer for the
NOTE: the law allows classification on reasonable arrest commission of an offense.
grounds.
Scope of protection
Circumstances of a valid classification (1) Persons. Including aliens and corporation
(a) Foreign corporation pay higher tax (2) Houses. Including all other vicinities expect
(b) Certain professions (sumo wrestling) are limited open spaces and fields belonging to one.
to male sex (3) Papers and effect. Including sealed letters and
(c) Privileges for leaves and shorter hours of labor is packages in the mail.
extended to women
(d) Preferences is given to Filipino citizens in the Unreasonable search and seizure
lease of public market stalls
(e) Different professions are taxed at different Illegal searches and seizures are
amount general unreasonable while Legal searches and
(f) Employment in factories of children under seizures are reasonable
designated ages is prohibited. Search and seizure made without a
search warrant is not necessarily illegal;
specific
made with a search warrant is not
necessarily legal.

Scope of Guarantee
(1) Extends to all government agencies;
 - RULE: unnamed person is a void
Who may hear cases on warrant
unreasonable search and - XMP: a physical description is provided
seizure? (3) Property
- Description may be general unless
THE COURTS. specific description in so far as the
Matters as such is purely a circumstances will ordinarily allow such
judicial question. Rights against unreasonable search & seizure (personal)
(1) Proper party to invoke right
Requisites of a valid search warrant and arrest warrant - Only the party directly affected has
(1) Issued upon probable cause; legal standing
(2) Probable cause is determined personally by a (2) Right subject to waiver
judge; - Without a proper search warrant, no
(3) Probable cause is determined after examining public official has the right to enter the
the complainant and witnesses; and premises of another without his
(4) Warrant must particularly describe the place to consent.
be searched, and the persons or things to be
seized. Valid warrantless search and seizure
- Consent or waiver
NOTE: no warrant shall be issued with more than ONE - Stop and Frisk
specific offense. - Search of a moving vehicle
- Plain view doctrine
What is Probable Cause? - Incidence of government actions
- Enforcement of customs and immigration laws
A competent proof
that the party against whom Valid warrantless arrest
a warrant is sought to be (1) Inflagrante Delicto (Citizen’s Arrest)
issued has performed (2) Hot Pursuit
particular acts, or (3) Escapee
committed specific
omissions, violating a given
provision of our criminal Secti on 3. (1) The privacy of communication and
laws. correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
Sufficiency of affidavit upon which warrant is based requires otherwise, as prescribed by law.
(1) Test of sufficiency affidavit
- Whether it had been drawn in such (2) Any evidence obtained in violation of this or
manner that perjury could be charged the preceding section shall be inadmissible for any
thereon purpose in any proceeding.
(2) Basis of affidavit
- Must strictly be based on personal Right to privacy (right to be left alone)
knowledge or information - Right of a person to be free from undesired
publicity or disclosure of his communication and
Sufficiency of description of the warrant correspondence
(1) Place - right to live without unwarranted interference
- “Building No. 123 Rizal Avenue, Manila” by the public
(2) Person
Basis and Purpose of right to Privacy
 (1) Rights existing in the state of nature data or information or documents if found to be
(2) Right designed to secure enjoyment of one’s erroneous or false; otherwise, the privilege of
private life the writ shall be denied.
Secti on 4. No law shall be passed abridging the
Data Privacy Act of 2012 (R.A. No. 10173) imposes freedom of speech, of expression, or of the press, or the
upon government the obligation to ensure that such right of the people peaceably to assemble and petition
information is secure and protected. the government for redress of grievances.
Right to privacy and unreasonable search and seizures
(1) Aspect of right to be secure in one’s person
(2) Privacy of communication and correspondence Freedom of expression

NOTE: hearing of sounds is a form of search and seizure. Right to freely utter and publish whatever one
pleases without previous restraint and subsequent
Limitations on the right of privacy of communication punishment or sanction, and to be protected against
(1) Permissible interference any responsibility for so doing as long as it does not
- Upon lawful order of the court violate the law, to injure someone’s character,
- When public safety or order requires reputation, or business.
otherwise
(2) Intervention of the court Scope of freedom of expression
- Free speech and free press
All evidence illegally obtained is Inadmissible. Things - The rights of assembly and petition
seized shall be returned unless they are in themselves - The right to form associations or societies not
prohibited by law. contrary to the law
- Right to religious freedom
Meaning of writ of habeas
data Purpose of the writ Speech and Expression Press
Comes in the form of oral Covers every sort of
It is a judicial remedy A remedy of utterances, picketing, publications: newspaper,
available to any individual a citizen against motion picture and periodicals, magazines,
whose right to privacy in violations and threats electronic means of books handbills, leaflets.
life, liberty, or security is to his rights to life, communication as Etc. radio and television
violated or threatened by an liberty, security, and expression of opinion as instrument of mass
unlawful act of a public information. It about subjects of public communication may also
official or of a private includes writ of concern. be included within this
individual. habeas corpus and term.
writ of amparo.
Importance of the guarantee
How writ of habeas data operates? (1) Promotes growth of the individual and the
nation
(a) Any aggrieved party may file a petition (2) Makes possible, scrutiny of acts and conduct of
(b) The court shall forthwith issue the writ which public officials
shall be served upon the respondent who shall (3) Insures a responsive and popular government
file a written return under oath with supporting
affidavit Freedom of expression is not absolute
(c) The hearing on the petition shall be summary (1) Subject to regulation by the State
(d) If the allegations in the petition are proven, the (2) Subject one to liability when abused
court shall enjoin the act complained or order - “Lewd and obscene”
the deletion, destruction, or rectification of the - “Fighting words”
 - “Seditious speeches
NOTE: police power regulates freedom of expression
Justification for the abridgement May a student be permitted
(1) Clear and present danger rule to not salute to the No person is
- When a speech poses a substantial Philippine flag on the basis permitted to act
danger of his religious belief? contrary to the law in
(2) Application of rule the name of religion
- The impact of a speech depends upon YES. As long as he and his religious
the nature of the interest threatened does not disturb nor show belief
disrespect during flag
Right of assembly and right of petition ceremony. NOTE: Religious
(1) Right of assembly – right to meet peaceably for freedom carries with
consultation in respect to public affairs it the right to disseminate religious beliefs
(2) Right of petition means the right of any person
or group of persons to apply to the office of the
government for redress of grievance May a member of the
Church sell religious books
Freedom of speech and of the press without paying tax?
(1) Complement of right of free speech
(2) Application of clear and present danger rule YES. The imposition of
license or permit fees would
The Public Assembly Act (B.P. Blg. 880) defines impair the constitutional
guidelines whereby local officials may grant permits for guarantee of the free
rallies exercise and enjoyment or
religious profession and
worship.
Secti on 5. No law shall be made respecting an
establishment of religion, or prohibiting the free The Constitution, however,
exercise thereof. The free exercise and enjoyment of does not prohibit imposing a
religious profession and worship, without discrimination tax on the sale of religious
or preference, shall forever be allowed. No religious test materials.
shall be required for the exercise of civil or political
rights. re

Religious freedom is the right of a man to worship God Secti on 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not be
Religion includes all forms of belief in the existence of impaired except upon lawful order of the court. Neither
superior beings exercising power over human beings shall the right to travel be impaired except in the
and imposing rules of conduct with future state of interest of national security, public safety, or public
rewards or punishments. health, as may be provided by law.

Aspect of religious freedom Secti on 7. The right of the people to information on

(1) Separation of Church and State matters of public concern shall be recognized. Access to
(2) Freedom of religious profession and worship official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as
Freedom of religious profession and worship well as to government research data used as basis for
(1) Freedom to believe in a religion policy development, shall be afforded the citizen,
(2) Freedom to act in accordance with such belief subject to such limitations as may be provided by law.
Secti on 8. The right of the people, including those Secti on 14. (1) No person shall be held to answer for a
employed in the public and private sectors, to form criminal offense without due process of law.
unions, associations, or societies for purposes not
contrary to law shall not be abridged. (2) In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved, and
Secti on 9. Private property shall not be taken for shall enjoy the right to be heard by himself and counsel,
public use without just compensation. to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial,
Secti on 10. No law impairing the obligation of and public trial, to meet the witnesses face to face, and
contracts shall be passed. to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
Secti on 11. Free access to the courts and quasi- However, after arraignment, trial may proceed
judicial bodies and adequate legal assistance shall not notwithstanding the absence of the accused: Provided,
be denied to any person by reason of poverty. that he has been duly notified and his failure to appear
is unjustifiable.
Secti on 12. (1) Any person under investigation for the
commission of an offense shall have the right to be Secti on 15. The privilege of the writ of habeas corpus
informed of his right to remain silent and to have shall not be suspended except in cases of invasion or
competent and independent counsel preferably of his rebellion, when the public safety requires it.
own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights Secti on 16. All persons shall have the right to a speedy
cannot be waived except in writing and in the presence disposition of their cases before all judicial, quasi-
of counsel. judicial, or administrative bodies.

(2) No torture, force, violence, threat, Secti on 17. No person shall be compelled to be a
intimidation, or any other means which vitiate the free witness against himself.
will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of Secti on 18. (1) No person shall be detained solely by
detention are prohibited. reason of his political beliefs and aspirations.

(3) Any confession or admission obtained in (2) No involuntary servitude in any form shall
violation of this or Section 17 hereof shall be exist except as a punishment for a crime whereof the
inadmissible in evidence against him. party shall have been duly convicted.

(4) The law shall provide for penal and civil Secti on 19. (1) Excessive fines shall not be imposed,
sanctions for violations of this section as well as nor cruel, degrading or inhuman punishment inflicted.
compensation to the rehabilitation of victims of torture Neither shall death penalty be imposed, unless, for
or similar practices, and their families. compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty
Secti on 13. All persons, except those charged with already imposed shall be reduced to reclusion perpetua.
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be (2) The employment of physical, psychological,
bailable by sufficient sureties, or be released on or degrading punishment against any prisoner or
recognizance as may be provided by law. The right to detainee or the use of substandard or inadequate penal
bail shall not be impaired even when the privilege of the facilities under subhuman conditions shall be dealt with
writ of habeas corpus is suspended. Excessive bail shall by law.
not be required.
Secti on 20. No person shall be imprisoned for debt or
non-payment of a poll tax.

Secti on 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.

Secti on 22. No ex post facto law or bill of attainder

shall be enacted.