ARTICLE III: BILL OF RIGHTS (declaration/charter)

Bill of rights - may be defined as a declaration and SECTION 1. No person shall be deprived of life, liberty, or
enumeration of a persons right and privileges which the property without due process of law, nor shall any person be
constitution designed to protect against violations by the denied the equal protection of the laws.
government or by an individual or groups of individuals.
Life - means something more than mere animal existence.
serves as protection against from the government and any
violation Liberty - denotes merely freedom from physical restraint. It
also embraces the rights of man to use his faculties with which
Example: right to receive a minimum wage and the right to he has been endowed by his Creator.
adopt a child by an unrelated person.
Property - may refer to the thing itself or the right over a thing.
Classes of Rights
Due Process of Law
1. Natural Rights - Rights posses by every citizen without - a law or a policy that hears before it condemns, a principle of
being granted by the state for they are given to man by God as fair play.
human being created to his image. requirement that legal matters must be resolved according to
established RULES AND PRINCIPLES
2. Constitutional Rights - Rights which are conferred by the
constitution. DOCTRINE Aspects of Due Process of Law
3. Statutory Rights - Rights which are provided by laws by 1. Procedural Due Process - refers to the method or manner
the law making body and consequently maybe abolish by the by which the law is enforced.
same body.
2. Substantive Due Process - requires that the law itself not
Classification of Constitutional Rights merely the procedure by which the law would be enforced is
fair, reasonable, and just.
1.Political Rights - Gives the citizen the power to participate
directly or indirectly. Procedural Due Process
2.Civil Rights - Rights which the law enforce. Includes the 1.Judicial Proceedings Requisite
rights to due process and equal protection of the law.
• An impartial court clothed by law with authority to hear and
3.Social and Economic Rights - Includes the right which are determine the matter before it
intended to insure the well-being and economic security of the
individual. • Jurisdiction lawfully acquired over the person of the
defendant or property w/c is the subject matter of the
4.Rights of the Accused - Civil rights intended for the proceedings
protection of the person accused of any crime. Like the right to
presumption of innocence. • Opportunity to be heard given the defendant
• Judgment to be rendered after lawful hearing
 ARTICLE III: BILL OF RIGHTS (declaration/charter)

2. Administrative Proceedings - notice and hearing may be SECTION 2. The right of the people to be secure in their
dispensed with, where because of public need or for practical persons, houses, papers, and effects against unreasonable
reasons, the same is not feasible. searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest
Scenario: Extrajudicial Killing shall issue except upon probable cause to be determined
personally by the judge after examination under oath or
A police officer, suspecting a person of involvement in illegal
drugs, decides to take matters into his own hands without Scenario: Warrantless Search and Seizure
following the legal process. The officer apprehends the person
and, without filing any charges or bringing the person to court, A group of police officers suspect a person of being involved in
summarily executes the individual. illegal activities but do not have any evidence to support their
suspicion. Instead of obtaining a search warrant from a judge,
Constitutional Violation: they decide to raid the person’s home without any legal
authorization.
1. Deprivation of Life without Due Process: The person
was deprived of life without any legal process, such as a The officers break into the house, search through the person’s
trial or a legal judgment. This directly violates the belongings, and seize personal items, including documents, a
provision that no person shall be deprived of life without computer, and cash. They do this without the person’s consent
due process of law. and without a valid search warrant.
2. Denial of Equal Protection of the Laws: The person
was not afforded the same legal protections that others in Constitutional Violation:
society would be, such as the right to a fair trial, the
presumption of innocence, and the opportunity to defend 1. Unreasonable Search: The police officers conducted a
oneself against charges. This unequal treatment violates search without a valid search warrant. This search was
the principle of equal protection under the law. not based on probable cause and was not authorized by a
judge, making it unreasonable and a direct violation of
Substantive Due Process - Law requires that the law in the individual's right to be secure in their person, house,
question affecting life, liberty or property be a valid law. papers, and effects.
2. Unreasonable Seizure: The seizure of the person’s
belongings without a warrant also violates the protection
against unreasonable seizures. The officers took property
without following the legal process, infringing on the
person’s constitutional rights.
3. Violation of Due Process: By bypassing the
requirement for a search warrant based on probable
cause, the police officers also violated the due process
guaranteed by the Constitution.
 ARTICLE III: BILL OF RIGHTS (declaration/charter)

affirmation of the complainant and the witnesses he may 3.Papers and effects - include sealed letters and packages in
produce, and particularly describing the place to be searched the mail which may be opened and examined only in
and the persons or things to be seized. pursuance of a valid search warrant.
Probable cause such facts and circumstances antecedent to
the issuance of the warrant sufficient in themselves to induce a
cautious man to rely upon them and act in pursuance thereof.

Requisites for VALID search warrant or warrant of arrest

• Must be issued upon probable cause (sufficient reason
SEARCH process conducted by authorized officers to look for based upon known FACTS to believe a crime has been done)
specific items that are related to the crime.
• Probable cause must be determined personally by the judge
SEIZURE officers take possessions of items during the himself
search.
• Such determination of the existence of probable cause must
Search warrant official document signed by the judge which be made after examination by the judge of the complainant
authorized police officers to SEARCH a particular location and and the witnesses he may produce under oath or affirmation
seize specific items.
• Must be particularly describe the place to be search and the
Warrant of arrest - to arrest a person designated and to take person or things to be seized.
him into custody in order that he may be bound to answer for
the commission of an offense.
official document signed by the judge which authorized police When Arrest maybe made without warrant/
officers TO ARREST the person or people named in the WARRANTLESS ARRESS
document.
1. IN FLAGRANTE DELICTO When in his presence, the
Scope of the Protection: person to be arrested has committed, committing or attempting
to commit an offense.
1.Persons - the protection applies to everybody.
2. HOT PURSUIT ARREST When an offense has in fact just
2.Houses - the protection is not limited to dwelling houses but been committed and the POLICE has personal knowledge of
extends to a garage, warehouse, shop, store, office, and even facts indicating that the person to be arrested has committed
a safety deposit vault. Does not extent to open spaces and it.
fields belonging to one.
3. PRIOSNER WHO ESCAPE FROM PRISON When the
person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final
 ARTICLE III: BILL OF RIGHTS (declaration/charter)

judgment, or has escaped while being transferred to one (2) Any evidence obtained in violation of this or the preceding
confinement to another. section shall be inadmissible for any purpose in any
proceeding.
CITIZEN’S ARREST a normal people can arrest someone,
a lawful warrantless arrest performed by a civilian. But is
NOT VIOLATED WHEN:
dangerous so better REPORT TO THE POLICE
 Lawful order of the Court when there is a search
warrant.
Search and seizure may be made WITHOUT WARRANT  When public safety or order is required when someone
asks for help inside a house
1. CONSENT Where there is consent and waiver (freely and
voluntarily agrees to search his or her property) SECTION 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the
2. EXIGENT CIRCUMSTANCES a warrant will take time, people peaceably to assemble and petition the government for
jeopardize public safety or lead to the loss of evidence. redress of grievances.
3. SEARCH INCIDENT TO AN ARREST perform a search in Meaning of Freedom of speech, expression and of the
connection with an arrest. If you are a drug dealer, the police press
can still search other places where evidence can be found.
the right to freely utter and publish whatever one pleases
In the case of contraband or forfeited goods being transported without previous restraint, and to be protected against any
by ship, automobile, or other vehicle, where the officer making responsibility for so doing as long as it does not violate the
it has reasonable cause for believing that the latter contains law. It also includes the right to circulate what is published.
them.
 EX: Published Articles and Book, TV, Radio Broadcast,
4. PLAIN VIEW DOCTRINE to legally search the area where Works of Art
the evidence is clearly visible or is open to eye and hand
As an incident of inspection, supervision and regulation in the LIMITATIONS:
exercise of police power.
 Your rights ends when you start TO VIOLATE the
5. ROUTINARY SEARCHES usually made at the border or at rights of another person
ports of entry in the interest of national security.

SECTION 3. Right of privacy - right to be left alone DEFAMATION saying or writing something about another
person that hurts their reputation
(1) The privacy of communication and correspondence shall  Libel made in writing or published
be inviolable except upon lawful order of the court, or when  Slander spoken
public safety or order requires otherwise as prescribed by law.
 ARTICLE III: BILL OF RIGHTS (declaration/charter)

Scope of terms of Speech, expression and press - the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs.
1. Speech and expression includes any form of oral utterances
• Right of Petition - right of any person or group of persons to
2. Press covers every sort of publication. Radio and television apply, without fear of penalty to the appropriate branch or
as instrument of mass communication is included within the office of the government for redress of grievances.
term.
• Religion - includes all forms of belief in the existence of
Freedom of expression not Absolute superior beings exercising power over human beings.
1. Subject to regulation by the State • Religious Freedom - right of man to worship God, and to
- it is always subject to some regulation by the State in order entertain such religious views as appeal to his individual
that it may not be injurious to the right of the community or conscience without dictation or interference by any person or
society. power, civil or ecclesiastical.

2. Subject one to liability when abused (1)Freedom to Believe in any religion

- the following may be penalized: (2)Freedom to act in accordance with such belief.

• Anyone who Slanders or Libels PUBLIC AUTHORITIES can restrict the freedom of
assembly
• Lewd and obscene speech
 Protect national security and public safety
•Fighting words  Protect the rights and freedom of other people
 To prevent disorder or crime
• Seditious speeches
SECTION 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise Section 6: The liberty of abode and travel
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, Liberty of Abode and Travel - right of a person to have his
shall forever be allowed. No religious test shall be required for home in whatever place chosen by him and thereafter to
the exercise of civil or political rights. change it at will, and to go where he pleases without
interference from any source.
Right of Assembly and Right of Petition
Limitations:
• Right of Assembly
• Permissible interference - "except upon lawful order of the
- the right to hold rally or voice out grievances against the court" and except in the national security, public safety or
government public health according to law.
 ARTICLE III: BILL OF RIGHTS (declaration/charter)

•Intervention of the court - note that under the second

limitation, a court order is not necessary a person whose
liberty of abode is violated may petition for a writ of habeas
corpus against another holding him in detention
Section 7: The right of the people to information on matters of
public concern shall be recognized.
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 an unlawful act.
Purpose of Writ - by way of regulating the processing of
personal information or data about him. Gives the individual
the right to find out what information is being kept about.
Section 8: The right of the people, to form unions,
associations, or societies not contrary to law.
The right to form an association - 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. Grants government
employees to form labor unions.
Section 9: Private property shall not be taken for public use
without just compensation.
Inherent Powers of Government
Totality of governmental power, contains three great powers:
1.Power of Eminent Domain - power of the state to take
private property for public use upon paying the owner just
compensation.
2. Police Power - power of the state to enact laws and
regulations in relation to person and property as may promote
public health, public morals, public safety, and general welfare
of the people.