The document discusses the Bill of Rights in the Philippines constitution, which outlines and guarantees fundamental rights and freedoms for Filipino citizens. It serves as an important legal framework to protect civil liberties and ensure government upholds these rights, promoting democracy, human rights, and rule of law. Section 1 discusses the right to life, liberty, and property and prohibition against deprivation of these without due process of law or equal protection under the law. Due process has procedural and substantive aspects relating to fair procedures and protection of inherent fundamental rights.
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Philippine Bill of Rights Explained
1. BILL OF RIGHTS
-The Bill of Rights in the Philippines refers to a
section of the 1987 Philippine Constitution that
outlines and guarantees the fundamental rights
and freedoms of Filipino citizens.
-The Bill of Rights serves as a crucial legal
framework to protect the civil liberties of Filipino
citizens and ensure that the government upholds
these rights. It is an essential component of the
country's legal and political system, promoting
democracy, human rights, and the rule of law in
the Philippines.
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.
Paraphrase of a fundamental principle in the field of
constitutional law known as "due process."
1. Right to Life: This part of due process means that the government
cannot arbitrarily take a person's life.
2. Right to Liberty: The right to liberty ensures that individuals cannot
be arbitrarily detained or imprisoned without due process of law.
3. Right to Property: This aspect of due process safeguards individuals'
right to own and enjoy their property without arbitrary government
interference.
4. Legitimate and Lawful Process: Due process requires that any
restrictions or deprivations of life, liberty, or property must be carried
out through a legitimate and lawful process.
2. TWO COMPONENTS OF DUE PROCESS;
1. PROCEDURAL DUE PROCESS
2. SUBSTANTIVE DUE PROCESS
Constitution that outlines and guarantees the fundamental rights and freedoms of
Filipino citizens.
-The Bill of Rights serves as a crucial legal framework to protect the civil liberties of
Filipino citizens and ensure that the government upholds these rights. It is an essential
component of the country's legal and political system, promoting democracy, human
rights, and the rule of law in the Philippines.
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.
3. PROCEDURAL DUE PROCESS
• Procedural due process is a legal concept that refers to the fair and
just procedures that must be followed when the government or other
authoritative bodies take actions that could potentially deprive
individuals of their life, liberty, or property. The idea is rooted in the
principle that individuals are entitled to notice and an opportunity to
be heard before facing adverse governmental actions.
• The concept of procedural due process is a fundamental part of
constitutional law in many countries, including the United States. The
U.S. Constitution, specifically the Fifth and Fourteenth Amendments,
contains clauses that prohibit the government from depriving any
person of "life, liberty, or property, without due process of law."
4. SECTION 1
Key elements of procedural due process
include:
1.Notice: Individuals must be informed of the charges or
actions against them, allowing them to understand and respond
to the allegations.
2.Opportunity to be Heard: Individuals have the right to present
their case and arguments before an impartial
decision-maker. This may involve a hearing or other appropriate
procedures.
3.Impartial Decision-Maker: The decision-maker or tribunal
responsible for determining the outcome should be neutral and
unbiased.
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. 4.Right to Present Evidence: Individuals
generally have the right to present evidence
in their defense, cross-examine witnesses,
and rebut evidence presented against them.
5.Timely and Fair Decision: The
procedures must be carried out in a timely
manner, and the decision reached should
be fair and based on the evidence
presented.
protection of the laws.
6. SUBSTANTIVE DUE PROCESS
Substantive due process is a legal concept that
deals with the idea that certain fundamental rights
are inherent in the concept of ordered liberty and
are protected by the Constitution, even in the
absence of specific procedural protections. In other
words, substantive due process focuses on the
content or substance of a law, regulation, or
government action, examining whether it violates
fundamental rights or liberties.
7. SUBSTANTIVE DUE PROCESS
The application of substantive due process can be
controversial and has been the subject of various
legal debates and decisions. Critics argue that it
allows judges to inject their own policy preferences
into legal decisions, while proponents contend that
it serves as a necessary check on government
power to ensure the protection of fundamental
rights. The interpretation and application of
substantive due process can vary, and it has been
applied in various contexts, including issues related
to privacy, personal autonomy, and individual
liberties.
8. Difference of procedural due
process and substantive due
process
Procedural due process is about the fairness of
the procedures used by the government, ensuring
that individuals have a fair opportunity to contest
any adverse actions. Substantive due process, on
the other hand, is concerned with the inherent
fairness or reasonableness of the laws or
government actions themselves, irrespective of
the procedures. Both concepts are important in
constitutional law to ensure that individuals are
protected from unjust government actions, both in
terms of the process and the substance of those
actions.