Bill of Rights (Article III)

Bill of Rights
Classification of
Rights
The Constitutional
Rights of Filipino
Citizen
 BILL OF RIGHTS
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
CLASSIFICATION OF RIGHTS

Natural Rights
Constitutional rights

Statutory rights

Civil rights

Economic rights

Political rights
NATURAL RIGHTS

Natural rights- these are

rights inherent to man
and given to him by God
as a human being.
 CONSTITUTIONAL
RIGHTS
These are the rights
Guaranteed under the
fundamental charter
of the country.
STATUTORY RIGHTS
These are rights provided by
law-making body of a country
or by law, such as the right to
receive a minimum wage and
the right to preliminary
investigation.
 CIVIL RIGHTS
Rights specified under the Bill
of Rights.
They are rights enjoyed by an
individual by virtue of his
citizenship in a state or
community.
 SOCIAL OR
ECONOMIC RIGHTS
Rights to property,
whether personal,
real or intellectual.
POLITICAL RIGHTS
These are rights of an
individual enjoys as a
consequence of being a
member of a body politic.
 THE CONSTITUTIONAL OF
RIGHTS OF FILIPINO CITIZENS
 Due Process
 Equal Protection of the Law
 Right Against Unreasonable Searches
and Seizures
 Right to Privacy of Communication and
Correspondence
 Freedom of Speech
 Freedom of Religion
Liberty of Abode and Travel

Right to Information on Matters

of Public Concern
Right to Association
 Right to just compensation
Non-impairment of contracts

Free of Access of Courts

Right of a person Under Custodial

Investigation
 Rights of the accused in criminal
cases
 Right to due process of law

 Right to presumption of Innocence

 Right to be informed of the nature

and cause of accusation
  Right to be heard by himself and his
counsel
 Right to speedy trial

 Right to confrontation of witnesses

 Right to compulsory production of

witnesses and evidence
Non-suspension of the Privilege of
Habeas Corpus
Non-Imprisonment Due to Debt

Non-Passage of Ex Post Facto and

Bill of Attainder
 DUE PROCESS
 Isa law that hears before it
condemns.
 This clause in our fundamental
charter means that no person shall
be deprived of his life, liberty and
property unless due process is
observed
Procedural due
process
Substantive due
process
PROCEDURAL DUE PROCESS

“which hears it before

condemns, which
proceeds upon inquiry,
and renders judgment
only after trial”
 IN ADMINISTRATIVE
IN JUDICIAL PROCEEDINGS
PROCEEDINGS
 has its application  not always judicial
process
in judicial
 In certain proceedings of
proceedings, civil an administrative
or criminal character, notice hearing
may be dispense with,
where because of public
need or for practical
reasons, the same is not
feasible

PROCEDURAL DUE PROCESS

SUBSTANTIVE DUE PROCESS
which requires that the law
itself, not merely the
procedures by which the law
would be enforced, is fair
and reasonable, and just.
MEANING OF LIFE
Life,as protected by due
process of law, means
something more than
mere animal existence
MEANING OF LIBERTY
 Liberty,as protected by due process of
law denotes not merely freedom from
physical restraint (e.g. imprisonment) but
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
Property, as protected by
due process of law, may
refer to the thing itself or
to the right over a thing.
EQUAL PROTECTION OF THE LAW

Refers to equality in the

enjoyment of similar rights and
privileges granted by law.
 Sample case: if A is a doctor who earns Php.
35, 000 / month, and B a teacher who is
earning 12, 000 / month, if they will be taxed
with the same amount of Php. 800/ month, is it
just and fair? Does this observed Equal
Protection of the Law?
 Answer: no. it is unjust and unfair to impose the
same amount of tax to two (2) different
individuals who have different monthly income.
RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES

Search warrant
Warrant of arrest

Probable Cause
SEARCH WARRANT
Isa written court order signed
by a judge authorizing search of
property or entry into
somebody’s property to look for
unlawful possession and bring
it before the court
WARRANT OF ARREST
Isa written court order issued
to a peace officer directing him
to take into custody the
identified person for the latter
to answer for his alleged
commission of a crime.
REQUISITES FOR VALID SEARCH WARRANT

 issuance by the judge based on

probable cause after examining both
the statements of the complainant
and witnesses;
 and detailed description of the things
to be seized and the persons to be
arrested.
 there is consent or waiver
 Where search is an incident to a lawful
arrest
 When an officer making the search has
reasonable cause to conduct it in a
vehicle believed to be containing
contraband or forfeited goods
 When the possession of articles
prohibited by law is disclosed to plain view
Note: Inspection conducted by Health and
Sanitary inspectors in restaurants in the exercise
of “state police power” in view of enforcing laws
on public health or by labor inspectors of
companies acting on a complaints of its workers
for possible violation of labor laws and the
Bureau of Internal Revenue examiner of financial
records of companies, need not have warrant.
The same is true of routinary searches made at
the border or ports of entry in the interest
national security.
RIGHT TO PRIVACY OF COMMUNICATION
AND CORRESPONDENCE

Shall be inviolable except upon

lawful order of the court, or
when public safety or order
requires otherwise as
prescribed by law.
RIGHT OF PRIVACY
 The right to be left alone. It has also
been defined as the right of a person
to be free from undesired publicity, or
diclosure and as the right to live
without unwarranted interference by
the public in matters with which the
public is not necessarily concerned.
ILLUSTRATION
A telephone conversation between
two (2) drug pushers secretly
recorded by police officers by tapping
its wire without court order is not
acceptable. As evidence in court due
to the privacy of communication
enshrined in the Phil. Const.
FREEDOM OF SPEECH
Oftentimes called
freedom of expression,
both oral and written.
FREEDOM OF RELIGION
Right of a person to worship
which God in his own way and
practice his religious beliefs
without interference from the
government, anybody or
groups.
LIBERTY OF ABODE AND TRAVEL
Refers to the freedom to
choose where one should
reside, while liberty travel
means the freedom to move
from one place to another
without interference from
anybody or the government.
RIGHT TO INFORMATION ON MATTERS
OF PUBLIC CONCERN
 Access to official records, and to
documents, and papers pertaining to
official acts, transactions, or
decisions, as well as to governmental
research data used as basis for policy
development, shall be afforded the
citizen, subject to such limitations as
may be provided by law.
RIGHT TO ASSOCIATION
The freedom of any Filipino
citizen to organize and join any
society or group, as long as its
goals and activities are not
contrary to existing law of the
land
RIGHT TO JUST COMPENSATION

Privateproperty shall not be

taken for public use without
just compensation
NON-IMPAIRMENT OF CONTRACTS
 The principal purpose of this
constitutional provision is that of
safeguarding the integrity of valid
contractual agreements against
unwarranted interference from the
State in the form of laws.
 FREEDOM OF ACCESS TO COURTS

 The right was included in the

Constitution in consideration of those
citizens whose economic conditions
in life deter them from going to the
court to protect their property and
persons.
RIGHT OF A PERSON UNDER CUSTODIAL
INVESTIGATION

These rights cannot be waived

except in writing and in the
presence of counsel.
Miranda Rights
 RIGHT OF THE ACCUSED IN CRIMINAL
CASES
 Right to bail himself and his
 Right to due process counsel
of law  Right to a speedy trial

 Right to presumption  Right to confrontation

of innocence of witnesses
 Right to be informed  Right to compulsory
of the nature and production of
cause of accusation witnesses and
 Right to be heard by evidence
RIGHT OF THE ACCUSED IN CRIMINAL
CASES
 Trial in the absence of  Right against double
the accused jeopardy
 Right to appeal in  Right against death
criminal case penalty
 Right against cruel  Right against
and unusual detention due to
punishment political beliefs and
 Right against self- aspirations
incrimination
  Habeas Corpus – literally means to
produce the body.
 Writ of Habeas Corpus – is an order
directed to a person detaining another to
produce the body of the latter at a
designated time and place.
 NON-IMPRISONMENT DUE TO DEBT

No person shall be

imprisoned for debt or non-
payment of a poll tax pr
community residence tax.
Right against double jeopardy
No person shall be twice put in
jeopardy of punishment for the
same offense. If an act is
punished by a law and an
ordinance, conviction or acquittal
under either shall constitute a bar
to another prosecution for the
same act.
 NON-PASSAGE OF EX POST FACTO AND
BILL OF ATTAINDER

Clearly that no ex post facto

or bill of attainder shall be
enacted.
Ex-Post Facto Law

Bill of attainder
End