Philippine Bill of Rights. My discussion during my Constitutional Law Class, October 2012, Based on De Leon and Tupaz

1. Section 1 to 4

2. a guarantee that there are certain areas of a
person’s life, liberty and property which
governmental power may not touch.
 a declaratory of fundamental principles and of
the basic rights of citizenship.
 enumerates some of the private and inalienable
rights of the people, and it has been said that
the rights protected by the Bill of Rights are
those that inhere in the “great and essential
principles of liberty and free government.”


3.  Fundamental
characteristic of a republican
system
 It
is “a charter of liberties for the individual
and a limitation upon the power of the
State”

4. “No person shall be denied life, liberty or
property without due process of law, nor shall
any person be denied the equal protection of
the law”

5.  Indefinite


language = adjustability
Plessy v. Ferguson
Brown v. Board of Education of Topeca

6.  Define





Due Process
– persons are guaranteed against:
government arbitrariness
laws unreasonably depriving
rights conditioned on unreasonable requirement
rights unjustifiedly withheld
militates against ordinary norms of justice or fair play

7.  Define


Due Process
– deprivation is done:
under authority of the Law/Constitution; law is
inherently valid, congenial to Constitution
[Substantive]
complied with fair and reasonable methods [or
manner] of procedure prescribed by law; inquiry
after notice [knowledge, procedure]
[Procedural]


Judicial Due Process
Administrative Due Process

8.  Define

take away, confiscate, withhold property
 Define

Life
the integrity of the human person
 Define

Deprivation
Liberty
not unbridled license; individual surrenders part
of his rights for the benefit of the greater
number.

9.  Define


Property
right over the thing, and
right to the thing itself



value
use
capacity for enjoyment

10.  Define

persons are specifically guaranteed against:



government’s undue favoritism, partiality, prejudice
hostility
individual/class privilege
 Define

Equal Protection – alike treated alike
Classification
grouped due to reasonable similarity; different
from all others due to these similarities

11.  Scope


of Equal Protection
Not extended to Political Rights
Equal Opportunity, not Social Equality

Universal Application of Laws

12. 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.

14. (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.

15.  Define


Right to Privacy
Left alone, free from undesired
publicity/disclosure
Inherent or natural right of human
 Differentiated


from Art II, S 2
Privacy – specific to communication
Search and Seizure – tangible, material objects


Olmstead v. United States
Katz v. United States

16.  Limitations


Lawful order of the court
Police Power


Public Safety
Public Order
 Evidence

Illegally Obtained
Inadmissible for any purpose in any proceeding
[judicial or administrative]

17.  Writ

of Habeas Data
A judicial remedy when right to privacy violated
or threatened by public official or
employee/private person [gather data]

18. No 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.