Bill of Rights

A bill of rights may be defined as a declaration and enumeration of a persons rights and privileges which the Constitution is designed to protect against violations by the government, or by an individual or groups of individual

Concept of a bill of rights

Bill of Rights

Concept of a bill of rights

Its basis is the social importance accorded to the individual in a democratic or republican state, the belief that every human being has intrinsic dignity and worth which must be respected and safeguarded.

Classes of Rights

The rights that a citizen of a democratic state enjoys maybe classified into:
1. Natural rights those rights possessed by every citizen without being granted by the State for they

are given to the man by God as human being created to His that he may live a happy life
2. Constitutional rights those rights which are conferred and protected by the Constitution

Classes of Rights

3. Statutory rights those rights which are

provided by laws promulgated by the lawmaking body and consequently, may be abolished by the same body.

Classification of constitutional rights

1. Political rights They are

such rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government.

Classification of constitutional rights

2) Civil rights They are

those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their happiness.

Classification of constitutional rights

3) Social and economic

rights They include those rights which are intended to insure the well-being and economic security of the individual.

Classification of constitutional rights

4) Rights of the accused.

Rights intended for the protection of a person accused of any crime.

State authority and individual freedom

1) State, an instrument to promote both

individual and social welfare. The State in modern times is an instrument to enable both the individual and society together to attain their greater to attain their greater happiness, progress, and welfare. 2) Conflict between individual rights and group welfare. in some cases, the individual must yield to the group; and in other cases, the group to the individual.

State authority and individual freedom

3) Role of judiciary. On the the judiciary, in

appropriate cases, rests primarily this all important duty of balancing the interests of the individual and group welfare in the adjudication of disputes that is fair and just to the parties involved and beneficial to the larger interests of the community or people as a whole.

Section 1
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.

Meaning of due of process of law

Any deprivation of life, liberty, and property by the State is with due process if it is done (1) under the authority of a law that is valid or of Constitutional itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law.

Aspects of due of process of law

1) Procedural due process refers to the manner or method by which the law is enforced.

a procedure which hears before it condemns, which proceed upon inquiry, and renders judgment only after trial. ~ Daniel Webster

An indispensable requisite of this aspect of due process is the requirement of notice and hearing.

Aspects of due of process of law

2) Substantive due process requires that the law

itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just.

Persons protected

The term person in section 1 embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens.

Kinds of person

Natural person refers to a real human being

Juridical person A juristic or juridical person is an artificial entity through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes, or in some jurisdictions, for a single person to have a separate legal personality other than their own.

Juridical person

This legal fiction does not mean these entities are human beings, but rather means that the law recognizes them and allows them to act as natural persons for some purposesmost commonly lawsuits, property ownership, and contracts. The concept goes by many names, including corporate personhood. A juristic person is sometimes called a legal person, artificial person, or legal entity (although the last term is sometimes understood to include natural persons as well).

Meaning of life

Life, as protected by due process of law, means something more than mere animal existence. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed

Meaning of liberty

Liberty, as protected by due process of law, denotes not merely freedom from physical restraint. It also embraces the right of man to use his faculties with which he has been endowed by his Creator subject only to the limitations that he does not violate the law or rights of others. Rights and duties are inseparable.

Meaning of life

Property, as protected by due process of law, may refer to the thing itself or to the right over a thing. The constitutional provision, however, has reference more to the rights over the thing. It includes the right to own, use, transmit and even to destroy, subject to the right of the State and of other persons.

Meaning of equal protection of the laws

Equal protection of the laws signifies that all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.

Does it prohibit classifications?

Reasonable classification 1. Substantial distinction; 2. Germane to the purpose of the law; 3. Not limited to existing conditions only. 4. Applicable alike to all citizens of the state or to all of the class. (People vs. Cayat, 1939)

Section 2
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, and particularly describing the place to be searched and the persons or things to be seized.

Meaning of search and warrant of arrest

A 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

Meaning of search and warrant of arrest

The written order to take a person in custody in order that he may be bound to answer for the commission of an offense, is called a warrant of arrest.

Scope of the protection

1) Persons
2) Houses 3) Papers and effect

Requisites for a valid search warrant or warrant of arrest

1)

2)
3)

4)

It must be issued upon probable cause The probable cause must be determined by the judge himself Such determination of the existence of probable cause must be made after examination by the judge of the complaint and the witness he may produce The warrant must particularly describe the place to be searched, and the person or things to be seized

Meaning of probable cause

By probable cause it is meant such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce cautious man to rely upon them and act in pursuance thereof.

Rights against unreasonable search and seizure

1) Proper Party to invoke the right

2) Right subject to waiver

When search and seizure maybe made without warrant

Case Analysis:

A certain John Doe was issued a search warrant for illegal drugs. The police searched the area stated in the affidavit and started confiscating drugs and paraphernalia. It so happened that the gun which was believed to be illegally obtained was exposed atop the television. Can the police seize the gun?

When arrest may be made without warrant

Case Analysis:

Juan who was just walking home witnessed the stabbing of his neighbor Jose by a man known to them as Pedro. Can Juan arrest Pedro even without warrant?

Section 3
(1) 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 inadmissible for any purpose in any proceeding.

Meaning of right of privacy

The right of privacy is concisely defined as the right to be left alone. It also has been defined as the right of a person to be free from undesired publicity, or disclosure and as the right to live without unwarranted interference by the public in matters which the public is not necessarily concerned.

Limitations on the right

Case Analysis:

Bruno, a policeman happened to hear his superior talking to someone plotting the bombing of a mall in Manila. Upon hearing the talk he started recording the conversation to present it as an evidence. Would it be acceptable in the courts?

Limitations on the right

Permissible interference The right is not violated when the interference is made:
a) Upon lawful order of the court
b) When public safety or order requires

otherwise as prescribed by law