“We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, amongst which are the preservation of life, liberty, and the pursuit of happiness” -Thomas Jefferson
The Bill of Rights is a statement ofindividual liberties, freedoms and rightswhich residents and sojourners in thePhilippines, Filipino or foreigner, enjoyagainst exertion of government power.
It is a protection installed by theConstitution in favor of individualsagainst possible abuses andarbitrariness in the exercise of power bythe government,
Protection Against the State It is not meant against acts of private individuals. Its concern is not the relationship between individuals.
Classes of Rights Natural Constitutional Statutory
Natural Rights Rightpossessed by citizens without being granted by the State, given by God Ex: right to live and right to love
Constitutional Rights Rights that are protected by Constitution Theycannot be taken by law making body or modified
Statutory Rights Rights created by law making body, but may also be abolished by the same body Ex: minimum wage and right to inherit property
Classification of Constitutional Rights Political Civil Social,economic and cultural Rights of accused
Political Rights Rights given to citizens to participate directly or indirectly in the establishment or administration of government Ex:Right of citizen (Art. 4), Right of suffrage (Art. 5) and Right to information (Art. 7)
Civil Rights These rights are laws that enforce at the instance of private individuals for the purpose of securing means of happiness Ex: Freedom of speech, expression, press, right to assembly and petition and the right to form associations are civil right but become part of political rights when used to participate in government
Social, economic and cultural rights Ensures economic security of citizens Right to property, just compensation, private property, conservation of environment, promotion of education, science, technology, arts and culture
Rights of Accused Rights to protect the accused of any crime like presumption to innocence; right to impartial, speedy and public trial and the right against cruel, degrading or inhuman punishment
State Authority and individual freedom1) The State is an instrument to enable both the individual and society together to attain their greater happiness, progress and welfare
Conflict Between Individual Rights and Group Welfare 2)Government is created to protect individuals and at the same time protect the general welfare
Role of Judiciary 3) There could be no absolute power whoever exercises it, same as no absolute liberty which means license and anarchy The Supreme Court act as arbiters of the limits of governmental powers especially in relation to individual rights
Due Process of Law Section 1, Article III provides: “No person shall be deprived of life, liberty, or property without due process of law.” Due process means basic fairness and adequate justice. The constitutional protection under the due process clause extends to any person including an alien.
Due Process of Law The government in the exercise of its power may deprive a person of his life, liberty or property without offending the constitution. What makes deprivation unconstitutional is when the deprivation of life, liberty or property is without due process of law. Are the cases of Supreme Court decision imposing death penalty on a person for raping his daughter is a deprivation of life and imposing taxes on individuals are considered unconstitutional??
Two Aspects of Due Process Clause Procedural (refers to method and manner by which law is enforced; “which hears before it condemns, proceeds upon inquiry and renders judgment only after trial: Enrile on Tupas et al) Substantive (law must be fair and reasonable) punishment must be fair with regards to the crime committed
Procedural (there should be fair procedure) Impartial court vested with judicial power to hear and decide cases Jurisdiction that is lawfully acquired by the court over the person of the defendant and subject property The defendant must be given notice and opportunity to be heard Judgment must be rendered after a lawful hearing
Procedural (there should be fair procedure) Inadministrative proceedings: An offender may be arrested pending the filing of charges, or an officer or employee may be suspended pending an investigation for violation of civil service rules and regulation
Substantive (law must be fair and reasonable) The most important limitation of police power is the rule on substantive due process of law: Lawful subject which means that the interest of the public in general, as distinguished from those of a particular class, requires the exercise of police power Lawful means, meaning that the means employed are reasonably necessary for the accomplishment of purpose, and not unduly oppressive on individuals
What Constitutes Deprivation? Life Liberty Property
Deprivation of Life Refers not only to extinction of human existence It includes limbs, eyes, brain, power of reproduction, etc.
Deprivation of Liberty Not necessarily detaining and confining a person It is when one is prevented from acting the way he wishes to do (ex: a parent is made to put his child only to public school)
Deprivation of Property Not necessarily when property is taken away, but when it is destroyed or impaired Ex: Road extension
Equal Protection of the Law Section 1, Article III provides: “No person shall be denied the equal protection of the law.” The equal protection means that the law must treat equally persons or properties similarly situated with respect to conferment of rights or imposition of obligations. Example 1: Male and Female Employees on “leave” Example 2: Filipino citizens, age 18 v. 60, physically and mentally fit
Right Against Unreasonable Searches and Seizures The right of the people to be secured 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 be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses may produce, particularly describing the place to be searches and persons or things to be seized.
Warrantless Arrest When the person to be arrested has committed, is actually committing, is attempting to commit an offense in his presence, called flagrante delicto arrest (illegal gambling and buy-bust operation) When a crime has just in fact been committed and the arresting police officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it, called hot pursuit. When a person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.
Warrantless Search A police officer who arrested a person for committing the crime of rape in his presence is authorized to frisk him and conduct search on his body. If a firearm is confiscated, officer may file a case against him for illegal possession of firearm. A police officer who sees a person holding dangerous drugs can immediately seize drugs and arrest the offender, called plain view doctrine. Checkpoint is legal as long as the search by police who are manning it is limited to visual inspection.
Privacy of Communication Section 3, Article III provides: “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when the public safety or order requires otherwise as prescribed by law.” A wiretapped conversation between two drug pushers is illegal without the court order. Yet, if conversation is recorded through extension, it’s legal.