THE SIGNIFICANCE OF THE BILL OF RIGHTS Government is powerful. When unlimited it becomes tyranny. The Bill of Rights is a guaranteethat there are certain areas of aperson’s life, liberty and propertywhich government powers may not touch.
INHERENT POWERS OF THE GOVERNMENTAll the powers of the Government are limited by the Bill of Rights. Powers of the Government: 1. Police Power 2. Power of Eminent Domain 3. Power of Taxation
POLICE POWERPolice Power is that inherent andplenary power of the State which enables it to prohibit all that ishurtful to the comfort, safety and welfare of the society.
SCOPE OF POLICE POWER Police power rests upon public necessity and upon the right of the State and of the public to self-protection. For this reason, its scope expands and contracts with changing needs.
WHO EXERCISES THE POLICE POWER? The national government, throughthe legislative department, exercises police power. But police power isalso delegated, within limits, to local governments.
WHAT ABOUT MMDA? In MMDA vs. Bel-Air VillageAssociation, the Supreme Court ruledthat the MMDA, not being a political subdivision but merely an executiveauthority, has no police power. PolicePower in metro manila is exercised by the cities and municipalities.
SECTION 1 No person shall be deprived oflife, liberty, or property without dueprocess of law, nor shall any person be denied the equal protection of the laws.
SECTION 2 The right of the people to be secure in theirpersons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant orwarrant 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.
Purpose of the provision – to protect the privacy and sanctity of the personand of his house and other possessionsagainst arbitrary intrusions of the State officers.
Searches and Seizures – must be authorizedby a validly issued search warrant or warrant of arrest. CHECK – POINTS? Drug tests? Bank deposits?
Requisites of a valid warrant: 1. must be issued upon probable cause 2. probable cause must be determined personally by a judge (not personal examination)3. such judge must examine under oath or affirmation the complainant and the witnesses he may produce4. the warrant must particularly describe the place to be searched and the person or things to be seized.
Exceptions to warrantless arrest1. Warrantless search incidental to a lawful arrest2. Seizure of evidence in plain view.3. Search of a moving vehicle.4. Consented warrantless search.5. Customs search or seizure.6. Stop and frisk7. Exigent and emergency circumstances.
SECTION 3 (1) The privacy of communication and correspondence shall beinviolable except upon lawful orderof 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 beinadmissible for any purpose in any proceeding.
RA 4200 – the Anti-Wiretapping law provides penaltiesfor specific violations of private communication.
SECTION 4No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Doctrine of No Prior Restraint – prior restraint means official government restrictions on thepress or other forms of expressionin advance of actual publication or dissemination. Includes movie censorship.
exception:1. during war2. security of the community3. primary requirements of decency DOCTRINE OF SUBSEQUENT PUNISHMENT 3 tests: 1. dangerous tendency test 2. clear and present danger test 3. balancing of interest test
LIBEL? 1. the allegation of a discreditableact or condition concerning another 2. publication of the charge 3. identity of the person defamed 4. existence of malice
OBSCENITY AND INDECENCY1. Whether the average person, applyingcontemporary community standards wouldfind that the work, taken as a whole, appears tothe prurient interest2. whether the work depicts or describes, in apatently offensive way, sexual conductspecifically defined in the applicable state law3. whether the work, taken as a whole, lacksserious literary, artistic, political or scientificvalue.
SECTION 5 No law shall be made respecting anestablishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
NON-ESTABLISHMENT OF RELIGION CLAUSE 1. Must have a secular legislative purpose 2. must have a primary effect that neither advances nor inhibits religion3. must not require excessive entanglement with recipient institutions. FREE-EXERCISE CLAUSE
NON-ESTABLISHMENT CLAUSE (OTHER PROVISIONS) 1. ARTICLE VI, SECTION 29 (2) “No public money or property shall be appropriated, applied, paid or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, orsystem of religion, or of any priest, preacher, minister, or other religious teacher or dignitary as such, EXCEPT when such priest, preacher minister, or dignitary is assigned to the Armed Forces, or to any penal institution, or government orphanage or leprosarium.”
2. ARTICLE II, SECTION 6“The Separation of Church and State shall be inviolable.” 3. ARTICLE IX, (C) SECTION 2(5) -the prohibition against religiousdenomination and sects from being registered as political parties or organizations.
PURPOSE OF THE NON- ESTABLISHMENT CLAUSE The values non-establishment seeks to protect:1. VOLUNTARISM – both personal and social 2. INSULATION OF THE POLITICAL PROCESS FROM INTERFAITH DISSENSION
MEANING OF NON- ESTABLISHMENT CLAUSE “ Neither a State nor the Federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another… Neither… can, openly or secretly, participate in the affairs of anyreligious organizations or groups and vice versa. “(Board or Education vs. Everson – US case)
WHAT ABOUT ALLOWABLE AID? To be allowable, government aid must: 1. Have a secular legislative purpose2. 2. must have a primary effect that neither advances nor prohibit religion3. Must not require excessive entanglement with recipient institutions.
EXPROPRIATION OF THE BIRTHPLACE OF FELIX Y. MANALO - The purpose is to preserve ahistorical landmark and hence forpublic use. The religious effect is only incidental to the main purpose.
AUSTRIA VS. NLRCThe court upheld the decision of the NLRC against Pastor Austria of the Seventh DayAdventist Church for unaccounted church tithes and offerings collected by thePastor’s wife, being in this case, the issue isnot ecclesiastical or purely religious affair. The issue is employer-employee relationship.
LONG VS. ALMERIA V. BASA “….in matters purely ecclesiastical, the decision of the proper church tribunals are conclusive upon the civil courts. A church member who is expelled from the membership by the churchauthorities, or a priest or minister who is by them deprived of his sacred office, is without remedyin the civil courts, which will not inquire into the correctness of the decisions of the ecclesiastical tribunals…”
CERTIFICATION AS “HALAL” -a religiousexercise, therefore, not to be performed by the government
EXCEPTIONS TO THE NON- ESTABLISHMENT OF RELIGION CLAUSE 1. ARTICLE VI, SECTION 28 (3)“ Charitable institutions, churches, parsonages orconvents appurtenant thereto, mosques, and non- profit cemeteries, and all lands, buildings and improvements ACTUALLY, DIRECTLY AND EXCLUSIVELY used for religious, charitable or educational purposes shall be exempt from taxation.”
2. ARTICLE VI, SECTION 1(2) - The priest, preacher or ministeror dignitary assigned to the Armed Forces, or to any penal institution, or government orphanage or leprosarium.
3. ARTICLE XIV, SECTION 3(3) “At the option expressed in writing by theparents or guardians, religion shall be allowed to be taught to their children or wards in publicelementary and high schools within regular class hours by instructors designated or approved by the religious authorities of the religion to whichthe children or wards belong, without additional cost to the Government.”
FREE EXERCISE OF RELIGION1. Freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. (FREEDOM TO BELIEVE) 2. It safeguards the free exercise of the chosen form of religion. (FREEDOM TO ACT)
WHAT ABOUT CRIMES? Cannot be toleratedand sanctioned by the State.
IMMORALITY? “Whether an act is immoral within the meaning of the statute is not to bedetermined by the accused’s concept of morality. Congress has provided thestandard. The offense is complete if theaccused intended to perform, and did in fact perform, the act which the statute condemns..” (Cleveland vs. US)
HOW TO DETERMINE WHETHER A CASE IS FREE EXERCISE OR NON- ESTABLISHMENT CLAUSE 1. Every violation of the free exercise clause involves COMPULSION, whereas,2. A violation of the non-establishment clause need not involve compulsion.
PUBLIC OFFICER MAKING DEROGATORY REMARKS ABOUT A RELIGIOUS GROUP (Iglesia ni Kristo v. Gironella) Where a judge, on his decision referred to the interest of the INC members in a case as “gimmickry”, the court saw violation of free exercise. Freedom of religion implies respect forevery creed. No one, much less a public official, is privileged to characterize the actuations of its adherents in a derogatory sense.
LICENSE FOR DISSEMINATION OF RELIGIOUS LITERATURE?Unless the dissemination is done as a business operation FOR PROFIT, no license is required. “The constitutional guarantee of free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious information.Any restraint of such right can ONLY BE JUSTIFIED likeother restraints of freedom of expression on the groundsthat there is clear and present danger of any substantive evil which the State has the right to prevent.” (American Bible v. City of Manila)
FLAG SALUTE LAW- Freedom of religion requires that protesting members be exempted from the operation of law.
JUST A THOUGHT!Driving while drunk when the drunkeness was due to largeamount of mass wine ingestedin the celebration of the mass. -?????
PROHIBITION OF RELIGIOUS TESTS - To render the government powerless torestore the historically and constitutionally discredited policy of probing religious beliefs by test oaths or limiting public offices to persons who have, or perhaps more properly, profess to have a belief in some particular kind of religious concept.
CAN A PRIEST BE ELECTED/APPOINTED TO PUBLIC OFFICE? Yes.(McDaniel v. Patty – US case)
SECTION 6 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawfulorder of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Liberties covered in this provision:1. freedom to choose and change ones place of abode 2. freedom to travel both within the country and outside.
SECTION 7 The right of the people to information on matters of public concern shall be recognized.Access to official records, and to documents andpapers pertaining to official acts, transactions, ordecisions, as well as to government research data used as basis for policy development, shall beafforded the citizen, subject to such limitations as may be provided by law.
RIGHTS GUARANTEED:1. The right to information on matters of public concern 2. corollary right of access toofficial records and documents.
EXCEPTIONS1. National security matters.2. Trade secrets and banking transactions. 3. Criminal matters.4. Other confidential matters.
SECTION 8The right of the people, including those employed in the public and privatesectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
SECTION 9Private property shall not betaken for public use without just compensation.
SECTION 10 No law impairing theobligation of contracts shall be passed.
SECTION 11 Free access to the courts and quasi-judicial bodies and adequate legal assistance shallnot be denied to any person by reason of poverty.
SECTION 12 1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the personcannot afford the services of counsel, he must beprovided with one. These rights cannot be waivedexcept in writing and in the presence of counsel.
(2) Notorture, force, violence, threat, intimidat ion, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall beinadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations ofthis section as well as compensation to the rehabilitation of victims oftorture or similar practices, and their families.
SECTION 13 All persons, except those charged with offensespunishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. Theright to bail shall not be impaired even when theprivilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
SECTION 14(1) No person shall be held to answer for a criminaloffense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been dulynotified and his failure to appear is unjustifiable.
SECTION 15 The privilege of the writ of habeas corpus shall not be suspended except in cases ofinvasion or rebellion, when the public safety requires it.
SECTION 16All persons shall have the right to a speedy disposition of their casesbefore all judicial, quasi-judicial, or administrative bodies.
SECTION 17 No person shall be compelled to be awitness against himself.
SECTION 18(1) No person shall be detained solely byreason of his politicalbeliefs and aspirations.
(2) No involuntary servitudein any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
SECTION 19 (1) Excessive fines shall not beimposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall deathpenalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment ofphysical, psychological, or degrading punishment against any prisoner ordetainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
SECTION 20 No person shall beimprisoned for debt ornon-payment of a poll tax.
SECTION 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 abar to another prosecution for the same act.
SECTION 22 No ex post facto law orbill of attainder shall be enacted.