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ARTICLE 3: BILL OF
RIGHTS
QUEANN ARRABIS
CONCEPT OFABILL OF
RIGHTS
A 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. It is a
charter of liberties for the
individual and a limitation upon
the power of the State.
CLASSES OF RIGHTS
Natural Rights Constitutional Rights Statutory Rights
• Rights possessed by every
citizen without being
granted by the state for
they are given to man by
God as a human being
created to his image so
that he may live a happy
life.
• Rights which are conferred and
protected by the Constitution. Since
they are part of the Fundamental
law, they cannot be modified or
taken away by the law-making
body.
• Rights which are provided by
laws promulgated by the law-
making body, consequently,
may be abolished by the same
body.
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 process of law
• We can safely say that any deprivation of life, liberty, or property by the State is with due process it is done
(1) under the authority of a law that is valid (i.e., not contrary to the Constitution) or of the Constitution
itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law.
Aspects of due process of law
1. Procedural due process – which refers to the method or manner by which the law is enforced. An indispensable
requisite of this aspect of due process is the requirement of notice and hearing.
2. Substantive due process – which requires that the law itself, not merely the procedures by which the law would
be enforced, is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty, or
property for arbitrary reasons or on flimsy grounds.
Procedural due process
• In judicial proceedings – for the most part, procedural due process has its application in judicial proceedings,
civil or criminal. It requires:
a. An impartial court clothed by law with authority to hear and determine the matter before it;
b. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of
the proceeding;
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after lawful hearing.
• In administrative proceedings – due process, however, is not always judicial process. In certain proceedings
of an administrative character, notice and hearing may be dispensed with, where because of public need or for
practical reasons, the same is not feasible.
Persons protected
• Embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of
race, color, or nationality, including aliens.
Meaning of life
• 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
• 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 limitation that he does not violate the law or the
rights of others.
Meaning of property
• May refer to the thing itself or the right over a thing. Includes the right to own, use, transmit and even destroy,
subject to the right of the State and of other persons.
What constitutes deprivation
a. Deprivation of life – it refers not merely to the extinction of human existence. It includes the loss of any of the
various physical and mental attributes which man must have to live as a human being.
b. Deprivation of liberty – it is not necessary that a person be detained or confined. Liberty need not be lost in its
entirety. To the extent that one is unduly prevented from acting the way he wishes to do, there is a diminution of
liberty.
c. Deprivation of property – it is not necessary that it be physically taken away from one entitled to it. There is also
deprivation, when its value is destroyed or its adaptability to some particular use, or its capability for enjoyment
is impaired.
Meaning of equal protection of the laws
• Equal protection of the laws signifies that “all person subject to legislation should be treated alike, under like
circumstances and conditions both in the privileges conferred and liabilities imposed.
Reasonable classification permitted
• Where there are reasonable grounds for so doing, persons or their properties may be grouped into classes to
each of which special legal rights or liabilities may be attached. No violation is committed as long as the
classification is reasonable, not arbitrary or capricious. Thus, there is no denial of the protection where under
the law:
1) Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations;
2) Certain professions are limited to persons of the male sex;
3) Certain privileges for leaves and shorter hours of labor extended to women are not extended to men;
4) Preference is given to Filipino citizens in the lease of public market stalls;
5) Different professions are taxed at different amounts; and
6) Employment in factories of children under designated ages is prohibited.

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Article 3

  • 1. ARTICLE 3: BILL OF RIGHTS QUEANN ARRABIS
  • 2. CONCEPT OFABILL OF RIGHTS A 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. It is a charter of liberties for the individual and a limitation upon the power of the State.
  • 3. CLASSES OF RIGHTS Natural Rights Constitutional Rights Statutory Rights • Rights possessed by every citizen without being granted by the state for they are given to man by God as a human being created to his image so that he may live a happy life. • Rights which are conferred and protected by the Constitution. Since they are part of the Fundamental law, they cannot be modified or taken away by the law-making body. • Rights which are provided by laws promulgated by the law- making body, consequently, may be abolished by the same body.
  • 4. 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.
  • 5. Meaning of due process of law • We can safely say that any deprivation of life, liberty, or property by the State is with due process it is done (1) under the authority of a law that is valid (i.e., not contrary to the Constitution) or of the Constitution itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law. Aspects of due process of law 1. Procedural due process – which refers to the method or manner by which the law is enforced. An indispensable requisite of this aspect of due process is the requirement of notice and hearing. 2. Substantive due process – which requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty, or property for arbitrary reasons or on flimsy grounds.
  • 6. Procedural due process • In judicial proceedings – for the most part, procedural due process has its application in judicial proceedings, civil or criminal. It requires: a. An impartial court clothed by law with authority to hear and determine the matter before it; b. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceeding; c. Opportunity to be heard given the defendant; and d. Judgment to be rendered after lawful hearing. • In administrative proceedings – due process, however, is not always judicial process. In certain proceedings of an administrative character, notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible.
  • 7. Persons protected • Embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens. Meaning of life • 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 • 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 limitation that he does not violate the law or the rights of others. Meaning of property • May refer to the thing itself or the right over a thing. Includes the right to own, use, transmit and even destroy, subject to the right of the State and of other persons.
  • 8. What constitutes deprivation a. Deprivation of life – it refers not merely to the extinction of human existence. It includes the loss of any of the various physical and mental attributes which man must have to live as a human being. b. Deprivation of liberty – it is not necessary that a person be detained or confined. Liberty need not be lost in its entirety. To the extent that one is unduly prevented from acting the way he wishes to do, there is a diminution of liberty. c. Deprivation of property – it is not necessary that it be physically taken away from one entitled to it. There is also deprivation, when its value is destroyed or its adaptability to some particular use, or its capability for enjoyment is impaired. Meaning of equal protection of the laws • Equal protection of the laws signifies that “all person subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.
  • 9. Reasonable classification permitted • Where there are reasonable grounds for so doing, persons or their properties may be grouped into classes to each of which special legal rights or liabilities may be attached. No violation is committed as long as the classification is reasonable, not arbitrary or capricious. Thus, there is no denial of the protection where under the law: 1) Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations; 2) Certain professions are limited to persons of the male sex; 3) Certain privileges for leaves and shorter hours of labor extended to women are not extended to men; 4) Preference is given to Filipino citizens in the lease of public market stalls; 5) Different professions are taxed at different amounts; and 6) Employment in factories of children under designated ages is prohibited.