Bill of rights
-​ Declaration and enumeration of a persons
right and privileges, which the constitution
designed to protect against violations by the
government or by an individual or groups of
individuals
Classes of rights
1.​ Natural rights
-​ rights possessed by every citizen
without being granted by the state
for they are given to man by god as
human being
2.​ Constitutional rights
-​ Rights conferred by the constitution
-​ Part of fundamental law
-​ Ex: freedom of speech
3.​ Statutory rights
-​ Rights provided bu laws by the law
making body and consequently
maybe abolished by the same body
Classification of constitutional rights
1.​ Political rights
-​ Citizen has the power to participate
in political affairs
2.​ Civil rights
-​ Rights that the law enforces
-​ Includes rights to due process and
equal protection
3.​ Social and economic rights
-​ Includes the rights that are intended
to ensure the well-being and
economic security of an individual
4.​ Rights of the accused
-​ Civil rights are intended for the
protection of the person accused of
any crime. Ex: right to presumption
of innocence
​
ARTICLE 3 OF BILL OF RIGHTS
●​ SECTION 1
○​ No person shall be deprived of life,
liberty or property without due
process of the law
○​ No person shall be denied the equal
protection of laws
■​ Due process of law
●​ Law or policy that hears
before it condemns
●​ A principle of fair play
○​ Procedural due
process: referred to
the method or manner
by which the law is
enforced
○​ Substantive due
process : the law itself
note merely the
procedure by which
the law would be
enforced is fair and
just
●​ SECTION 2
○​ Right to be secure in their persons,
houses, papers. And effects against
unreasonable searches and seizures
of whatever nature (scope of
protection: persons, houses, papers
and effects)
○​ A private individual can arrest a
criminal → citizen arrest
○​ Warrantless arrest is allowed when:
■​ Flagrante delicto (caught in
the act)
■​ Hot pursuit operation
■​ Arrest of fugitive
●​ SECTION 3
○​ (1) privacy of communication and
correspondence shall be inviolable
except upon lawful order of the court
○​ (2) evidence obtained violating this
shall be inadmissible for any
purpose
○​
●​ SECTION 4
○​ No law shall be passed abridging the
freedom of speech, expression, or of
the press, or right of people
○​ Not absolute; there are limitations
○​ Forms of calumny
■​ Libel: untruthful info/
character assassination;
written, print, broadcast
■​ Slander: spoken, untruthful
info
■​ Clear and present danger :
uttered threat that seems
serious
●​ SECTION 5
○​ No law shall be made respecting an
establishment of religion or
prohibiting the free exercise of it.
●​ SECTION 6
○​ Liberty of abode and right to travel
shall not be impaired except in the
interest of national security. Public
safety.
●​ SECTION 7
○​ Right of people to information oon
matters of public concern shall be
recognized
○​ Access to official records and to
documents and papers pertaining to
official acts, transactions, or
decisions
●​ SECTION 8
○​ Right of people, including those
employed in the public and private
sectors, to form unions,
associations, or societies for
purposes not contrary to the law
●​ SECTION 9
○​ Private property shall not be taken
for public use without just
compensation
●​ SECTION 10
○​ No law impairing the obligation of
contracts shall be passed
●​ SECTION 11
○​ Free access to the courts and
quasi-judicial bodies and adequate
legal assistance shall not be denied
to any person because of poverty
●​ SECTION 12
○​ (1) any person under investigation
for the commision of an offense shall
have the right to be informed of his
right to remain silent
○​ (2) No torture, force, violence, threat,
intimidation, or any other means that
vitiate the free will used against him
○​ (3) Any confession or admission
obtained in violation of this or
section 17 shall be inadmissible in
evidence against him
○​ (4) the law shall provide for penal
and civil sanctions for violations of
this section, as well as
compensation to and rehabilitation of
victims of torture or similar practices
and their families
●​ SECTION 13
○​ All persons, expect those charged
with offenses punishable by
reclusion perpetua when evidence of
guilt is strong, before conviction,
shall be bailed
○​ Right to bail shall not be impaired
even when the privilege of the writ
of habeas corpus is suspended
●​ SECTION 14
○​ No person shall be held to answer
for a criminal offense without due
process of law
●​ SECTION 15
○​ Privilege of the writ of habeas
corpus shall not be suspended
except in cases of invasion or
rebellion
●​ SECTION 16
○​ All person shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies
●​ SECTION 17
○​ No person shall be compelled to be
a witness against himself
●​ SECTION 18
○​ (1) no person shall be detained
solely by reason of his political
beliefs and aspirations
○​ (2) no involuntary servitude in any
form shall exist except as a
punishment for a crime
●​ SECTION 19
○​ (1) excessive fines shall not be
imposed, nor cruel, degrading or
inhuman punishment inflicted.
Neither the death penalty imposed,
unless, for compelling reasons
involving heinous crimes
○​ Any death penalty already imposed
shall be reduced to reclusion
perpetua
●​ SECTION 20
○​ No person shall be imprisoned for
debt or non-payment of a poll tax
●​ SECTION 21
○​ No person shall be twice put in
jeopardy of punishment for the same
offense
○​ If an act is punished by a law and
ordinance, conviction or acquittal
under either shall constitute a bar to
another prosecution for the same act
●​ SECTION 22
○​ No ex post facto law or bill of
attainder shall be enacted