Article III of 1987 Constitution, rights, Bill of Rights

1. Chapter 5
By: Vhonz Sugatan
POWER School

2. Learning Objectives:
• Observe utmost respect for
one’s life, liberty, property, and
the adherence to the rule of law.

3. Learning Objectives:
• Acquaint students with some
legal aptitude on their
constitutional rights as citizen
and person living in the state.

4. Learning Objectives:
• Discuss the importance and
requirement of due process of
law in any occasion that may
lead to trial, be it in civil,
criminal, or administrative case.

5. Learning Objectives:
• Discuss and explain the rights
granted by the constitution to a
person who stands as accused in
any legal/court proceedings.

6. Learning Objectives:
• Help students realize that
liberty/freedom is not absolute,
but may be restrained by law on
basis of public order, safety,
morale, health, and national
interest.

7. Bill of Rights

8. Bill of Rights
The article that articulates and
enlist the rights of an individual
that the government is duly
bound to protect, respect, and
carry out.

9. Bill of Rights
Merriam Webster Dictionary.

10. Bill of Rights
Merriam Webster Dictionary.
A summary of fundamental
rights and privileges guaranteed
to a people against violation by
the state.

11. Bill of Rights
Hemphill’s Law Dictionary.

12. Bill of Rights
Hemphill’s Law Dictionary.
Individual rights and privileges
set out in the constitutional
declaration and legislative
enactment that must be
accorded to every purpose.

13. Bill of Rights
Formal statement of the
fundamental rights of the
people of a nation.

14. Human Rights

15. Human Rights
Are the basic rights and freedoms
that belong to every person in the
world, from birth until death.

16. Human Rights
These basic rights are based on
values like dignity, fairness,
equality, respect and
independence.

17. Human Rights

18. Malolos Constitution

19. Malolos Constitution
Established a framework for
article for Bill of Rights.

20. 1973 Constitution

21. 1987 Constitution

22. 1987 Constitution
• Right against unreasonable
searches and seizures. (Sec.2)

23. 1987 Constitution
• Right to form labor unions,
association, and organization.
(Sec.8)

24. 1987 Constitution
• Right against unlawful
confiscation of private
property without just
compensation. (Sec.9)

25. 1987 Constitution
• Right against the suspension
of the privilege of the writ of
habeas corpuz. (Sec.15)

26. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7

27. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7
 Bangko Sentral ng Pilipinas

28. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7
 Bureau of Customs

29. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec7
 Bureau of Internal Revenue

30. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7
 Civil Service Commission

31. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7
 LTFRB

32. 1987 Constitution
• Free access to courts and
quasi-judicial bodies. Sec.7
 Land Transportation Office

33. 1987 Constitution
• Expanded rights of an accused
under Miranda Doctrine.
(Sec.12)

34. 1987 Constitution

35. 1987 Constitution
• The right not to be detained
by reason of one’s political
beliefs and aspiration.
(Sec.18.1)

36. 1987 Constitution
• Right against involuntary
servitude. (Sec.18.2)

37. 1987 Constitution
• Other as provided by specific
laws.

38. Classification of Rights

39. Classification of Rights
1. Natural Rights

40. Classification of Rights
1. Natural Rights
These rights are naturally
conferred upon a person by his
creator as a human and rational
being.

41. Classification of Rights
2. Constitutional Rights

42. Classification of Rights
2. Constitutional Rights
These rights are generally
granted by the expressed
provision of the organic law of
the State.

43. Division of Constitutional Rights

44. Division of Constitutional Rights
1. Political Rights

45. Division of Constitutional Rights
1. Political Rights

46. Division of Constitutional Rights
2. Civil Rights

47. Division of Constitutional Rights
2. Civil Rights

48. Division of Constitutional Rights
3. Social &
Economic Rights

49. Division of Constitutional Rights
3. Social &
Economic Rights

50. Division of Constitutional Rights
4. Rights of an
Accused

51. Division of Constitutional Rights
4. Rights of an
Accused

52. Classification of Rights
3. Statutory Rights

53. Classification of Rights
3. Statutory Rights
These are rights that are
promulgated by special laws or
law passed by the legislature.

54. Article III Sec.1

55. 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 law.
Article III Sec.1

56. Due Process of Law

57. Due Process of Law (Sec.1)

58. Due Process of Law (Sec.1)
What is Due Process???

59. Due Process of Law (Sec.1)
The official and proper way of
doing things in a legal case.

60. Due Process of Law (Sec.1)
The rule that a legal case must
be done in a way that protect the
rights of all the people involved.

61. Requirements of Due Process
a. There must be a court with
juridical power to hear and
decide the matter before it.

62. Requirements of Due Process
b. The respondent must be
given an opportunity to be
heard.

63. Requirements of Due Process
c. The court must acquire lawful
jurisdiction over the person
or accused or over the
property which is the subject
of the proceedings

64. Requirements of Due Process
d. The judgment must be
rendered following the trial.

65. Requirements of Due Process
“it hears before it condemns”

66. Classification of Due Process

67. Classification of Due Process
1. Procedural Due Process

68. Classification of Due Process
1. Procedural Due Process
“which hears before it
condemns, which proceed
upon inquiry and render
judgments after trail”

69. Classification of Due Process
2. Substantive Due Process

70. Classification of Due Process
2. Substantive Due Process
The application of the
appropriate law in certain
case.

71. Person, Life, Liberty, & Property

72. Person, Life, Liberty, & Property
Person

73. Person, Life, Liberty, & Property
Person
Whereby a person may be
differentiated as individual
human being, who is natural, or
a person of legal conception,
which is juridical.

74. Person, Life, Liberty, & Property
Natural Person

75. Person, Life, Liberty, & Property
Natural Person
Is a human being of whatever
sex or age possessing physical
attributes of a rational being.

76. Person, Life, Liberty, & Property
Juridical Person

77. Person, Life, Liberty, & Property
Juridical Person
Is a legal entity bestowed certain
legal rights and duties as of
those natural person.

78. Person, Life, Liberty, & Property
Life

79. Person, Life, Liberty, & Property
Life
Physical appearance includes
the organs and limbs of human
body and the faculties and
senses he uses to communicate
with other human beings.

80. Person, Life, Liberty, & Property
Liberty

81. Person, Life, Liberty, & Property
Liberty
The right way of an individual to
be free from physical restraint of
his person, such as by
imprisonment or detention.

82. Person, Life, Liberty, & Property
Property

83. Person, Life, Liberty, & Property
Property
Refer to a thing itself or the
right over the thing.

84. Person, Life, Liberty, & Property
Property
It includes the right to own, use,
transmit, and even destroy the
property, subject, however, to
the right of the State & of other
person.

85. Deprivation of Life,
Liberty, & Property

86. Deprivation of Life

87. Deprivation of Life
Includes the loss of any of the
various physical and mental
attributes which man must have
to live with as human being.

88. Deprivation of Life

89. Deprivation of Liberty

90. Deprivation of Liberty
Means the prevention,
suppression, and restriction
of human freedom and
expression.

91. Deprivation of Liberty

92. Deprivation of Property

93. Deprivation of Property
Exist when the property is
unlawfully confiscated, or
when the exercise of the right
over a property is
unreasonably prevented.

94. Deprivation of Property

95. Equal Protection of
the Law

96. Equal Protection of the Law
Equal protection of the law
applies to all person without
distinction according to
status, education, or rank.

97. Article III Sec.2

98. Article III Sec.2

99. Search Warrant

100. Search Warrant
An order in writing, issued in
the name of the people of the
Philippines, signed by a judge
and directed to a peace
officer.

101. Warrant of Arrest

102. Warrant of Arrest
A command in formal writing
issued against a person; to
take him into custody of law
in order that he may be bound
to answer for the commission
of offence.

103. Requisites of
Search Warrant

104. Requisites of Search Warrant
1. There must be a probable
cause.

105. Requisites of Search Warrant
2. The probable cause must
be determined personally
by a competent judge.

106. Requisites of Search Warrant
3. The existence of a probable
cause is determined on the
basis of careful examination
by a competent judge,
following a formal
complaint.

107. Requisites of Search Warrant
4. The warrant must
specifically identify and
describe the place to be
searched or the person or
things to be seized.

108. Circumstances for
Warrant-Less Arrest

109. Circumstances for Warrant-less Arrest
1. When the person to be
arrested is in Flagrante
Delicto.

110. Circumstances for Warrant-less Arrest
2. When the right has been
voluntary waived such as
posting of bail bond.

111. Circumstances for Warrant-less Arrest
3. When the person to be
arrested is a prisoner who
has escaped from a penal
establishment.

112. Circumstances for Warrant-less Arrest
4. When the felony has been
committed and the peace
officer has “personal
knowledge” of material fact
that the suspect to be
arrested actually committed.

113. Circumstances for Warrant-less Arrest
5. Acts that are indicated to the
“operation of the law”, like
raids, buy-bust operation,
entrapment, or check point.

114. Circumstances for Warrant-less Arrest
6. When the writ of habeas
corpuz has been suspended
upon the declaration or
martial law.

115. Effects of Illegal
Arrest

116. Effects of Illegal Arrest
1. A person who was illegally
arrested cannot be released
if a warrant for his arrest was
subsequently issued.

117. Effects of Illegal Arrest
2. Posting a bail constitute a
waiver of the illegality of the
arrest of the accused.

118. Effects of Illegal Arrest
3. By entering a plea, the
accused waives the illegality
of his arrest.

119. Effects of Illegal Arrest
4. The accused can be
convicted even if he was
illegally arrested.

120. Article III Sec.3

121. Article III Sec.3
Privacy of
Communication &
Correspondence

122. Article III Sec.3
Section 3.1

123. Article III Sec.3
Section 3.1
The privacy of communication
and correspondence shall be
inviolable except upon lawful
order of the court.

124. Article III Sec.3
Section 3.2

125. Article III Sec.3
Section 3.2
Any evidence obtained thereof
shall be inadmissible for any
purpose in any proceedings.

126. Invoke the Privacy of Communication
1. Upon judicial order of the
court.

127. Invoke the Privacy of Communication
2. When public safety or order
so requires, otherwise, as
may be provided by law.

128. Right to Privacy

129. Right to Privacy
The right to privacy of
communication and
correspondence breeds the right
to privacy

130. Wire-Tapping

131. Wire-Tapping
RA 4200 – Anti Wire Tapping Law

132. Wire-Tapping
RA 4200 – Anti Wire Tapping Law

133. Wire-Tapping
RA 4200 – Anti Wire Tapping Law

134. Protected Individual Freedom

135. Protected Individual Freedom
1. Freedom of speech. (Sec.4)

136. Protected Individual Freedom
2. Freedom of Expression.
(Sec.4)

137. Protected Individual Freedom
3. Freedom of the Press. (Sec.4)

138. Protected Individual Freedom
4. Freedom of Forming
Assembly. (Sec.4)

139. Protected Individual Freedom
5. Freedom of Religion.(Sec.5)

140. Article III Sec.6

141. Article III Sec.6
Freedom of Abode
& Right to Travel

142. Article III Sec.6
The Constitution secures the
freedom of movement.

143. Article III Sec.7

144. Article III Sec.7
Right of People to
Information

145. Article III Sec.8

146. Article III Sec.8
Right to Form
Union

147. Article III Sec.9

148. Article III Sec.9
Confiscation of
Private Property

149. Article III Sec.9
Eminent Domain is means that
private property may only be
acquired or taken by the
government for public use only
upon payment of just
compensation.

150. Elements of Eminent Domain

151. Elements of Eminent Domain
1. The property to be
expropriated must be
private.

152. Elements of Eminent Domain
2. It must be used for public
purpose.

153. Elements of Eminent Domain
3. There must just
compensation.

154. Elements of Eminent Domain
4. There must be due process of
law in the expropriation.

155. Article III Sec.10

156. Article III Sec.10
Respect for the
Obligation of
Contract

157. Article III Sec.11

158. Article III Sec.11
Adequate Legal
Assistance in
Court

159. Article III Sec.11
“All person subject to legislation
should be treated alike, under
like circumstances and conditions
both in privileges conferred and
liabilities imposed”

160. Article III Sec.12

161. Article III Sec.12
The Right to
Remain Silent and
Have Counsel

162. Article III Sec.12
Trial in Absentia

163. Article III Sec.12.2

164. Article III Sec.12.2
Right against
Torture, Force, &
Unjust Detention

165. Article III Sec.13

166. Article III Sec.13
Right to Bail

167. Article III Sec.13
Bail is the security required by a
court and given for provisional or
temporary release of a person
who is in custody of the law upon
condition of his appearance
before any court as required
under the term specified.

168. Article III Sec.13
No bail shall be allowed after the
judgment has become final or
after the accused has
commenced to serve sentence.

169. Article III Sec.13
Factors
Considered in
Fixing a Bail

170. Fixing a Bail
1. The financial capability of the
accused.

171. Fixing a Bail
2. The nature and circumstance
of the offense.

172. Fixing a Bail
3. The penalty for the offense
charge.

173. Fixing a Bail
4. The character and reputation
of the accused

174. Fixing a Bail
5. His aged and health.

175. Fixing a Bail
6. The weight of the evidence
against him.

176. Fixing a Bail
7. The probability of his
appearing at the trail.

177. Fixing a Bail
8. The forfeiture of other bonds
him.

178. Article III Sec.14

179. Article III Sec.14
Due Process in
Criminal Offense

180. Article III Sec.14
1. Right to due process

181. Article III Sec.14
2. Right to the presumption of
innocence

182. Article III Sec.14
3. Right to heard by himself of
by counsel

183. Article III Sec.14
4. Right to be informed of the
nature and cause of the
accusation against him

184. Article III Sec.14
5. Right to have speedy,
impartial, and public trial.

185. Article III Sec.14
6. Right to meet the witness
face to face.

186. Article III Sec.14
7. Right to have compulsory
process to secure the
attendance of witness and
the production of evidence
on his behalf.

187. Article III Sec.15

188. Article III Sec.15
Writ of Habeas
Corpus

189. Article III Sec.16

190. Article III Sec.16
Speedy
Disposition of
Case

191. Article III Sec.16
All persons shall have the right to
speedy disposition of their cases
before all judicial, quasi-judicial,
or administrative bodies.

192. Article III Sec.17

193. Article III Sec.17
Right against Self
Incrimination

194. Article III Sec.18

195. Article III Sec.18
Non-
Imprisonment for
Political Belief

196. Article III Sec.18
No person shall be detained
solely by reason of his political
beliefs and aspiration.

197. Article III Sec.18
No involuntary servitude in any
form shall exist except as a
punishment for a crime whereof
the party shall have been duly
convicted.

198. Article III Sec.19

199. Article III Sec.19
Death Penalty to
Reclusion
Perpetua

200. Arguments Against Death Penalty
1. Death penalty is inhuman
and ungodly to re impose on
a predominantly Catholic
Nation.

201. Arguments Against Death Penalty
2. It inflicts traumatic pain to
the family of the victim of
the victim and the advocates
of pro-life in the society.

202. Arguments Against Death Penalty
3. There was no showing that
death penalty is a deterrent
to grave crimes.

203. Arguments Against Death Penalty
4. Human life is a precious gift
to be sacrificed before
human judge who himself
may be unworthy to render
so grave a punishment.

204. Arguments Against Death Penalty
5. Death penalty is a primitive
punishment.

205. Classification of Penalties

206. Classification of Penalties
1. Reclusión Perpetua

207. Classification of Penalties
2. Reclusión Temporal

208. Classification of Penalties
3. Prisión Mayor &Temporary
Disqualification

209. Classification of Penalties
4. Prisión Correccional,
Suspension, and Destierro

210. Classification of Penalties
4. Arresto Mayor

211. Classification of Penalties
5. Arresto Menor

212. Classification of Penalties
6. Life Imprisonment

213. Article III Sec.20

214. Article III Sec.20
Non-
Imprisonment for
Debts

215. Article III Sec.21

216. Article III Sec.21
Right Against
Double Jeopardy

217. Article III Sec.22

218. Article III Sec.22
Ex-Post Facto Law