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Section 1-3
 

Section 1-3

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Lowell Tutica

Lowell Tutica

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    Section 1-3 Section 1-3 Presentation Transcript

    • THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINESARTICLE IIIBill of RightsLowell TuticaBSIT 41A
    • Definition of Bill of rights
      • bill of rights may 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.
    • Section 1-3
      SEC. 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.
    • Section 1-3
      SEC. 2
      The right of the peole 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.
    • Section 1-3
      SEC. 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.
    • Classes of Bill of rights
      • Individual Freedoms
      • Protections against government abuse of power
      • rights of citizens accused of crimes
    • Due Process
      •  is the legal principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state When a government harms a person without following the exact course of the law it constitutes a due process violation which offends against the rule of state.
    • requisite of due process
      (1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
      (2) the tribunal must consider the evidence presented;
      (3) the decision must have something to support itself;
      (4) the evidence must be substantial;
      (5) the decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected;
    • Prequisite of Search warrant
      Government Conduct
      • A search warrant cannot be issued to a private citizen.
      • A warrant is given to government agents to pursue their official duties without violating the Fourth Amendment.Reasonable Expectation of Privacy
      • A warrant is not issued to government agents who search a person or thing that has no reasonable expectation of privacy.
      Probable Cause
      • A search warrant cannot be given unless it is based on probable cause. The Fourth Amendment clearly states that "no Warrants shall issue, but upon probable cause."
    • Prequisite of Search warrant
      Oath or Affirmation
      • A search warrant must include a sworn statement by the government agent, or his representative, seeking the warrant that has enough information to allow the court to make an independent determination of probable cause.
      Description
      • A search warrant cannot be given unless it gives a good description of what the government intends to search.
      Magistrate
      • A search warrant can only be issued by a neutral and detached magistrate. The person issuing the warrant cannot work for the government.