Article 3 ● Bill of rights also known as 'Charter of Liberty' Classes of rights 1. Natural rights - Not granted by the state for they are given to man by God 2. Constitutional rights - Conferred and protected by the constitution - Part of fundamental law 3. Statutory rights - Provided by laws promulgated by the law-making body Classification of constitutional rights 1. Political rights - Power to participate,directly or indirectly in the establishment ot administration of the government 2. Civil rights - The law enforce these rights for the purpose of securing individuals 3. Social and Economic rights - Intended to insure the well-being and economic security of the individual - Also include cultural rights 4. Rights of the accused - Intended for the protection of person accused of any crime Section 1 2-Fold Aspect of Due Process 1. A. B. 2. - Procedural due process Refers to the method or manner by which the law is enforced. In judicial proceedings In administrative proceedings Substantive due process Requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. - Not a ground for arbitrary reasons or flimsy grounds Persons ● Could either be natural or judicial persons Life ● Something more than mere animal existence Liberty ● Denotes not merely freedom from physical restraint ● Rights and duties are inseparable. Property ● The thing itself or to the right over a thing Deprivation of life - Not merely to the extinction of human existence. - Includes the loss of any of the various physical and mental attributes which man must have to live as a human being Right to life ● Very foundation of all human rights Deprivation of liberty ● Not necessary that a person be detained or confined. Deprivation of property ● When its value is destroyed or its adaptability to some particular use, or its capability for enjoyment is impaired Equal Protection of the laws ● All persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed ● Prohibits class legislation which discriminates against some and favors others when both are similarly situated. ● No violation is committed as long as the classification is reasonable. Scope of the guarantee 1. The prohibition contained in the guarantee of equal protection and due process of law is the restraint on all the organs of the government ● 3 inherent powers of governments are POLICE POWER, TAXATION AND EMINENT DOMAIN 2. The guarantee is available to all persons. 3. It does not extend to rights which are political. 4. It is also not intended to enforce social equality. Section 2 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, commanding him to search for certain personal property and bring it before the court. Warrant of Arrest - A written order to arrest a person designated to take him into custody Scope of the Protection 1. Persons - All natural and juridical persons 2. Houses - Not only to dwelling houses but extends to a garage, warehouse, shop, store, office and a safety deposit vault. - Not extended to open spaces and fields belonging to one 3. Papers and Effects - Sealed letters and packages in the mail which may by opened and examined only in pursuance of a valid search warrant When search and seizure unreasonable - It can only be determined by purely judicial question which is only courts are empowered to rule upon. Requisites for valid search warrant or warrant of arrest; 1. It must be issued upon probable cause 2. The probable cause must be determined personally by the judge 3. Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce;and 4. The warrant must particularly describe the place to be search and the persons or things to be seized. Probable cause - Meant such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof Sufficiency of affidavit 1. Test of sufficiency affidavit 2. Basis of affidavit Sufficiency of description 1. Place 2. Person 3. Property Right against unreasonable search and seizure, person 1. Proper party to invoke right ○ It can be contested only by the party whose personal rights were involved. 2. Right subject to waiver ● No public official has the right to enter the premises of another without his consent for the purpose of search and seizure. When search and seizure may be made without warrant 1. Where there is consent or waiver 2. Where search is an incident to a lawful arrest 3. In the case of contraband or forfeited goods (smuggle goods) 4. The possession of articles prohibited by law is disclosed to plain view or is open to eye and hand 5. An incident of inspection, supervision and regulation in the exercise of police power 6. Routinary searches usually made at the border or at ports of entry in the interest of national security When arrest may be made without warrant 1. In his presence 2. Has personal knowledge 3. A person to be arrested is a prisoner who has escaped from a penal establishment Section 3 Right of privacy - The right to be left alone - The right to be free from undesired publicity, or disclosure of his communication and correspondence and as the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. Basis and purpose of the right 1. Right existing in the state of nature ● Belonging to that class of rights which every human being possesses in his natural state ● Foundation: Right to enjoy his private life or right to live 2. Right designed to secure enjoyment of one's private life ● The right to privacy is accorded protection to secure the enjoyment by a person of his private life. Relationship with right against unreasonable searches and seizures 1. Aspect of right to be secure in one's person ● The right of privacy complements the security of the citizen against unreasonable searches and seizures. 2. Privacy of communication and correspondence ● The right to privacy covers all intrusions or arbitrary interference into the private affairs of persons. Limitations on the right of privacy of communications 1. Permissible interference ● Not violated when it is; a. Upon lawful order of the court b. Public safety or order requires otherwise as prescribe by law 2. Intervention of the court A. First limit for the issuance of a search warrant B. Second limit subject to the police power of the state C. 3rd limit subject to the exercise of the power by an executive officer without court order Evidence illegally obtained 1. Inadmissible 2. Reason 3. Right of owner Writ of habeas data - Judicial remedy available to any individual whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission Purpose of the writ - Writ of habeas corpus and writ of Amparo= legal armory and remedy of a citizen against violations and threats to his rights to life, liberty, security, and information. - To secure the privacy of an individual - The right to find out what information is being kept about him and what use and for what purpose such data are being collected. How writ operates - Aggrieved party files a petition in court for the writ of habeas data. - In cases of extra legal killings,any member can file a petition. - The court issue the writ - Hearing of petition - If found erroneous, the privilege shall be denied Section 4 Freedom of expression - Otherwise known as freedom of speech and expression and of the press - Right to freely utter and publish whatever one pleases sanction - To be protected against any responsibility for so doing as long as it does not violate the law or injure someone Scope of freedom of expression - Free speech - Free press - The rights of assembly and petition - The right to form associations or societies not contrary to law - The right to religious freedom Scope of terms 'speech' 'expression' and 'press' 1. Cover any form of oral utterances such as protests or in silent protests 2. The press covers every sort of publications Importance of the guarantee 1. Promotes growth of the individual and the nation Freedom of Expression ● An inalienable human right that flows from the very nature of man ● Must be nurtured and protected by the state 2. Makes possible, scrutiny of acts and conduct of public officials - Public opinion must be enlightened and political vigilance must be encouraged 3. Insures a responsive and popular government - Through free debate and free exchange of ideas that a government remains responsive to the will of the people and peaceful change is effected. Freedom of expression not absolute 1. Subject to regulation by the state ● Subject to some regulation by the stated ● May be exercised under the police power of the state to promote or protect the public welfare Right of freedom of speech and of the press - Essential to the preservation and operation of a stable democracy 2. Subject one to liability when abused Slanders or libels may be penalized - Slanders, - Libels Justification for abridgment of freedom of speech and of the press 1. Clear and present danger rule - Abridgment of the liberty can be justified only when substantial danger exist - Must be and immediate the evil results 2. Application of rule A. A person distributing handbills which cause the streets to become cluttered B. A conspirational group may be punished for publicly advocating violent overthrow of the government even if it is remote. Right to assembly - Means the right on the part of the citizen to meet peaceable for consultation in respect to public affairs Right to petition - The right of aby person or group of persons to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances Relationship with freedom of speech and of the press 1. Complement of right of free speech Right to assemble and petition - are cognate and inseparable and necessarty consequences of our republican institution 2. Application of clear and present danger rule Section 5 Doctrine of separation from the Church Religious freedom - The right of a man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical Religion - Includes all forms of belief in the existence of superior beings exercising power over human beings and imposing rules of conduct with future state of rewards or punishments. - Reference to one's views of his relations to his Creator, and to the obligations they impose of reverence to His being and character and of obedience to His will. 2 aspects of religious freedom 1. The separation of Church and State secured in the first sentence of the provision 2. The freedom of religious profession and worship, in the second sentence of the provision Freedom of religious profession and worship 2 aspects 1. Freedom to believe in a religion ● A state may not compel a religious belief nor deny any person ang right or privilege because of his beliefs or lack of them. ● Religious belief by itself cannot in any degree affect public interest. 2. Freedom to act in accordance with such belief ● Not absolute and subject to regulation and even prohibition for the protection of society. Right to disseminate religious beliefs 1. Relationship with right to believe 2. Justification for restraint of right License fee or tax on scale of religious articles 1. Permission or condition for exercise of right ● The right to peddle religious information is similar to the right of the priest or minister to preach a sermon in his church. 2. Imposition of financial burden after exercise of right Religious test - One demanding the avowal or repudiation of certain religious beliefs before the performance of any act. Section 6 Liberty of abode and travel - The right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source. Limitations on the right 1. Permissible interference ● Subject to the dominant police power 2. Intervention of the court ● Court order may not be necessary ● The determination of the proper executive officer(president) is subject to judicial review Section 7 Right to information on matters of public concern 1. Access to official records for exercise of right ● The right to access implements the right to information. ● They are cognate rights 2. Arguments in support of right A. Consonance with the principle of popular sovereignty B. Enable the people to participate more effectively in governmental affairs C. Make denunciation of government more factual, responsible and effective D. Provide a deterrent to the commission of venalities E. Reduce public suspicion of officials and foster rapport and harmony between the government and the people 1. 3. Constitutionality or validity of implementing law Scope of the right 1. The right embraces all public records 2. It is limited to citizens only but is without prejudice to the right of aliens to have access to records of cases where they are litigants;and 3. Its exercise is subject to such limitations as may be provided by law Limitations on the right 1. Public records excepted ● Only confidential in character are excepted 2. Burden on government to justify withholding of information Section 8 The right to form association ● Is the freedom to organize or to be a member of any group of association, union, or society, and to adopt the rules which the members judge most appropriate to achieve their purpose. Purposes on Guarantee 1. For the advancement of welfare 2. By enabling individuals to unite in the performance of tasks Limitations 1. For purposes not contrary to law 2. Not create an imminent danger Section 9 Essential or inherent powers of government 1. Totality of governmental power ● Power of eminent domain ● Police power ● Power of taxation 2. Similarities ● No effective government without them ● Inherent in sovereignty ● Ways by which the state interferes with private rights and property ● Legislative in character ● Presuppose an equivalent compensation received Eminent domain - The right or power of the state or of those to whom the power has been lawfully delegated to take or expropriate private property for public use upon paying to the owner a just compensation to be ascertained according to law. Conditions for or limitations upon its exercise 1. Existence of public use 2. Payment of just compensation ● To be determined by the proper court based on the fair market value. 3. Observance of due process of law in the taking Meaning of taking 1. Actual physical seizure not essential ● Taking ○ Not simply to actual physical seizure or appropriation of the property but also to its destruction or impairment, or to limitation of its usual and necessary employment or use by its owner, not as a consequence of police power 2. The taking must be direct ● It must be taken Police power ● The power of the state to enact such laws or regulations in relation to persons and property as may promote public health, morals, safety, and the general welfare and convenience of the people. ● Basis from Latin maxims "SALUS POPULI EST SUPREMA LEX( The welfare of the people is the supreme law)" and "SIC UTERE TUO UT ALIENUM NON LAEDAS (so use your own as not to injure another's property)" Illustrations of police power laws 1. Public health 2. Public morals 3. Public safety 4. General welfare and convenience Taxation ● The power of the state to impose charge or burden upon persons, property, or property rights for the use and support of the government and to enable it to discharge its appropriate functions Taxes ● Enforced proportional contributions from persons and property levied by the lawmaking body of the state by virtue of its sovereignty for the support of the government and all public needs. Section 10 The obligation of a contract - The law or duty which binds the parties to perform from their agreement according to its term or intent, if it(agreement) is not contrary to law, morals, good customs, public order, or public safety. Purpose of non-impairment prohibition A. Protect creditors B. Assure the fulfillment of lawful promises C. To guard the integrity of contractual obligations. When the obligation of contract impaired 1. Change or terms or conditions 2. Retroactive/prospective application of law Freedom of contract - Limited by the exercise of the police power of the state Section 11 Reasons for constitutional safeguards 1. A criminal case, an unequal contest ● Criminal case is a contest between an individual and the government 2. Criminal accusation, a very serious matter ● Raison d'etre is the assumption that the long term of the law would sooner or later catch up with the guilty party. 3. Protection of innocent, the underlying purpose - Right to free access to the courts and quasi-judicial bodies Right to adequate legal assistance Section 12 Under investigation ● Includes custodial interrogation or investigation where the proceeding is not a mere general inquiry into an alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation Section 13 Bail ● Is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified. Purpose and form of bail 1. The accused is presumed innocent. 2. Form of cash deposit, property bond, bond secured from a surety company, or recognizance Who may invoke the right to bail ● To any person arrested, detained or otherwise deprived of his liberty, whether or not an information has been filed against him. Who may not invoke the right to bail 1. Not yet in custody of the law 2. Charged with capital offense 3. Offense punishable by reclusion perpetua, life imprisonment or death 4. After the final judgment or after the accused has commenced to serve sentence Capital offense ● An offense which under the law existing at the time of its commission, and at the time of the application to be admitted to bail, may be punished with reclusion perpetua, life imprisonment, or death. Section 14 Right to due process of law in criminal cases ● Due process pertains more to the procedural aspect prescribed by law. Right to presumption of innocence 1. A safeguard against false conviction 2. Requirement of proof of guilt beyond reasonable doubt ● The burden of proof is upon the prosecution. Right to be heard by himself and counsel ● A hearing is still indispensable. He cannot be punished upon a doubtful assumption. Lack of notice of hearing violates procedural due process Arraignment ● Made in open court by the judge or clerk and consists in furnishing the accused a copy of the complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not. ● Opportunity to know the precise charge that confronts him. Right to counsel ● Not all people have enough knowledge in regards with law Right to be informed of the nature and cause of the accusation against him 1. Specific allegations of crime charged 2. Remedy of accused whose right is violated Right to have a speedy, impartial and public trial 1. Speedy trial means that one can be had as soon as possible, after a person is indicted and within such time as the prosecution, with reasonable diligence, could prepare for jt. 2. Impartial trial is certainly a basic requirement of due process in criminal proceedings 3. Public trial is not meant that every person who sees fit shall in all cases be permitted to attend criminal trials. Right to confrontation of witnesses 1. Cross-examination of witnesses by the accused. 2. Assessment by the court of witness' credibility Right to compulsory production of witnesses and evidence 1. Subpoenas an order to a person to appear and testify in court 2. Subpoena duces tecum- order a person to produce in court certain documents, articles lr other evidence and testify with respect to them. Section 15 Writ of habeas corpus ● An order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. Writ ● Is the order from the court requiring a person detaining to show cause for the detention Privilege of the writ ● Further order from the court to release an individual if it finds his detention without legal cause of authority Writ of amparo ● Judicial remedy that provides speedy relief to protect the people's right to life, liberty and security in cases involving enforced disappearances or extrajudicial killings or threats thereof. Section 16 Right to speedy disposition of cases 1. Importance of right 2. Invocation of right 3. Time limit in disposition of cases 4. Cases contemplated Section 17 Right against self-incrimination 1. Basis A. Public Policy B. Humanity 2. Right to silence Form of testimony prohibited 1. Compulsory testimonial self-incrimination 2. Instances of absence of testimonial compulsion A. Forced to discharged morphine from his mouth B. Compelled to place his foot on a piece of paper to secure his footprint C. Compelled to be photographed D. If woman-adultery- compelled to permit her body to be examined by physicians to determined if she is pregnant E. Voluntary confession Section 18 Right against detention solely by reason of political beliefs and aspirations 1. Incarceration without charges of "political prisoners" 2. Suspension of privilege of writ of habeas corpus even after lifting of martial law 3. Prohibition a guarantee against having prisoners of conscience Involuntary servitude ● Denotes a condition of enforced, compulsory service of one to another. ● It has been applied to any service or labor which is not freez no matter under what form such service may have been rendered. Slavery ● The state of entire subjection of one person to the will of another Peonage ● The voluntary submission of a person to the will of another because of his debt Section 19 Right against excessive fines ● Discretion of the court Right against cruel, degrading or inhuman punishments 1. Form of punishment ● Torture or lingering death 2. Quantity or duration ● Greatly disproportionate to the nature of the offense Heinous crimes ● Offenses that are exceedingly or flagrantly bad or evil or those committed with extreme cruelty as to shock the moral sense Section 20 Debt ● Means any liability to pay money arising out of a contract, express or implied. ● Civil or contractual debt or one not arising from a criminal offense. Basis and purpose 1. Humanitarian considerations 2. Prevention of use of State power Poll tax(personal or capitation tax) ● Tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens of or not, without regard to their property or the occupation in which they may engaged ● Cedula ● Community tax Section 21 Right against double jeopardy ● When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense. Classes of double jeopardy 1. For the same offense 2. For the same act Section 22 Meaning of ex post facto law A. Makes an act done before the passage of a law, innocent when done, criminal, and punishes such act;or B. Aggravates a crime or makes it greater than when it committed C. Changes the punishment and inflicts D. Alters the legal rules of evidence Characteristics 1. Relate to penal or criminal matters 2. Retroactive in their operation 3. Deprive persons accused of crime of some protection or defense previously available, to their disadvantage. Bill of attainder ● A legislative act which inflicts punishment without a judicial trial. Bill of pains and penalties ● If the punishment is less than death
