Chapter X

Article IIIBill of Rights

Section 1: No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied of

equal protection of law

Basic Purpose of the Bill of Rights Protect the people against arbitrary and

discriminatory use of political power. Preserves our natural rights which include

personal liberty and security against invasion by the government or any of its branches or instrumentalities.

Orderly administration of justice. Prevent the use of the strong arm of the

law in an oppressive and vindictive manner. To afford adequate protection to

constitutional rights.

Concept of Due Law ProcessIt is a law that hears before it condemns,

which proceeds upon inquiry and renders judgement only after trial. It is responsiveness to the supremacy of reason, obedience to the dictates of justice.

Dual aspects of Due Process & their RequirementsProcedural due process

-method by which law is enforced. Substantive due process

- Requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable and just.

Requirements for Procedural Due Process

There must be an impartial tribunalThe court must have jurisdictionThere must be opportunity to be heardThe judgement must be rendered after

trial and in accordance with law

Requirements of Substantive due process

The means are reasonable for the accomplishment of the purpose of the law

The law must be intended for the interest of the public rather than for private interest.

Requirements of administrative due processThere must be hearing where the evidence is

presentedThe tribunal must consider the evidenceThe decision must be supported by the lawThe evidence must support the decisionThe evidence must be presented in the

hearing or at least contained in the record and known to the parties affected.

The tribunal must rely on independent judgement

The decision must state the facts and laws so that the parties may know the issue

Meaning of life in due processLife includes the right of an

individual to his body in its completeness and extends to the use of God-given faculties which make life enjoyable.Meaning of liberty in due process

Liberty includes the right to exist anf the right to be free from arbitrary personal restraint/servitude. It includes the right of the citizen to be free to use faculties in all lawful ways.

Meaning of property in due processProperty means anything that

can come under the right of ownership and be the subject of a contract. It represents more than the things that a person owns; it includes the right to secure, and dispose of them.Concept of deprivation of life and

libertyMore than inflicting personal harm and

actual physical restraints by the direct operation of enactments of the legislature.

Right to due process is waivableThe right to be heard is an often

waived as it is invoked, and validly so, as long as the party is given an opportunity to be heard on his behalf. If he opts to be silent where he has a right to speak, he cannot later be heard to complain that he was unduly silenced.

Due process does not require that there will be trialDue process does not always

require trial-type proceedings. The essence of due process is found in the opportunity to be heard and the submission of evidence. To be heard does not necessarily mean oral arguments in court. It may be through pleading.

Basic standards of due processDue process must not overrun

the bounds of reason and result in sheer oppression. It must be free from arbitrariness and it must be based on the sporting idea of fair play.

Essence of due processhaving the reasonable

opportunity to be heard and submit any evidence one may have in support of one’s defence.

Where opportunity to be heard, either through oral arguments or pleadings, as accorded, there is no denial of procedural due process.

A license is neither a property nor right that is covered by the process clause of the Constitution

A license authorizing a person to enjoy a certain privilege is

A television coverage of the trial of an accused is a denial of a processThe potential impact of television

is the greatest significance.The quality of the testimony in

criminal trials will often be impaired.

A major aspect of the problem is the additional responsibilities of television places on the judge.

The impact of the courtroom television on the defendant.

Equal protection clauseConcept of the equal

protection clauseEquality in the enjoyment of

similar rights and privileges by law.The equal protection clause

allows classificationClassification (law)

-grouping of things in speculation or practice because they agree with one another in certain particular.

Requirements of valid classifications for purposes of the equal protection clause

They must rest of substantial distinction that make real differences

They must germane to the purpose of the law

They must not be limited to existing conditions only

They must apply equally to all members of the same class.

The constitutional right to equal protection of the laws is not absolute but is subjected to reasonable classification.

To be reasonable, the classification musttake the requirements of valid classifications for purpose of the equal protection clause.There should be a compliance with the this requirements.

The NMAT rule requiring certain minimum scores in said examination is not in violation of equal protection clause.

NMAT- National Medical Admission TestIt is not in violation because different

cut-off for different conditions:◦Number of students◦Number of schools with available places.◦Level of difficulty.

◦To establish a permanent cut-off may result in unreasonable rigidity which may violate the equal protection clause.

The classification must be based on a distinction that makes real differences

The distinction made by law is not only superficial, but also arbitrary. The classification must not only be reasonable, but also apply equally to all members of the class.

The equal protection clause does not prevent Congress from establishing classes of individual or objects

It is settled in constitutional law that the “equal protection” clause does not prevent the Legislature from establishing classes of individuals or objects upon which different rules shall operate – so long as the classification is not reasonable.

Congress’ power to classify is not absoluteThe inequality of treatment

cannot be justified on the mere assertion that each exemption (granted to the seven other Government Financial Institutions [GFI]) rests on a policy determination by legislature.

Section 2: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures of whatever nature and for any purpose shall be inviolable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by judge after the examination under oath of affirmation of the complainant and witnesses he may produce, and particularly describing the place to be searched and person or things to be seized

Searches and SeizuresConstitutional guarantee on the right of the people against unreasonable searches and seizures

The social right against arrest, search and seizures without a valid warrant is not only ancient. It is also zealously safeguarded.

When search warrant considered validMust particularly described the place

to be searched and the things to be seized.

The probable cause must be determined personally by judge.

Should not be a sweeping authority empowering a raiding party to take a fishing expedition to seize and confiscate any and all kinds of evidence/article related to a crime.

Proper Description of place to be searchedThe officer with the warrant can,

with reasonable effort, ascertain and identify the place intended & distinguish it from other places in the community.

any description known to the locality that points out the place to the exclusion of others, and on inquiry leads the officers unerringly to it satisfies the constitutional requirement.

Scatter-shot warranta search warrant issued for more

than 1 specific offense.A search warrant which vaguely

describes and does not particularized the personal property to be seized without a definite guideline to the searching team as to what items might be lawfully seized.

Effect of General warrantThe requirement that search

warrant shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another.

When searches without warrant are permissibleIn times of war and within the are

of military operationAs an incident of a lawful arrest,

subjects have the following requisites:◦The arrest must be lawful◦The search and seizure must be

contemporaneous with arrest◦The search must be within

permissible ares of search

When searches without warrant are permissibleWhen there are prohibited article

open to eye and hand/ plain view doctrine

When there is consent:◦There is a right◦There must be knowledge of the

existence of such right◦There must be intention to waive.When there is an incident of

inspection

Probable CauseSuch facts and circumstances

which could lead and a reasonably discreet and prudent man to believe that an offense has been committed and that that the objects sought in connection with the offense have in the place sought to be searched.

Requisites for the determination of the existence of probable cause in an application for a search warrant

The judge must examine the complainant and his witnesses personally

The examination must be under oath

The examination must be reduced in writing in the form of searching questions and answers

Rationale for the validity of search of a moving vehicleIt is not practicable to secure a

warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.

Stop-and-friskThe situation in which a police officer who is

 suspicious of an individual detains the person and runs his hands lightly over the suspect's outer garments to determine if the person is carrying a concealed weapon.

Two-fold interest of stop-and-frisk searchGeneral interest of effective

crime prevention and detection.More pressing interest of safety

and self-preservation .

Checkpoint is police tactic involving the setup of a

hasty roadblock primarily police units in order to stop and inspect vehicles and extensively searched when there is probable cause which the contents of the said vehicle have instruments of some offense of law.

It is not illegal under exceptional circumstances as where the survival of organized government is on balance, or there is a grave peril on safety of people.

Plain view doctrineThe plain view doctrine allows an officer to

seize without a warrant, evidence and contraband in plain view during a lawful observation.

Conditions:the officer to be lawfully present at the place

where the evidence can be plainly viewed.the officer to have a lawful right of access to

the object, andthe incriminating character of the object to

be “immediately apparent”

The existence of many structures inside the compound does not violate the rule that a particular description is requiredThe description of the place to be

searched is sufficient if the officer with the warrant can with the reasonable effort, ascertain and identify the place intended and distinguish it from other places in the community.

Buy-bust operationMethod implied by police

authorities to malefactors in the act of committing the crime of drug vending.In flagrante delicto arrest

The accused is apprehended at the moment he is committing or attempting to commit or has just committed an offense in the present of the arresting officer.

Waiver of right against unreasonable search and seizureWhen one voluntarily submits to

search or consents to have it made on the person or premises, he is precluded from later complaining .

Section 3: The Privacy of communication and correspondence shall be inviolable except for upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Right to privacyThe right to be left alone, or the

right to be free from undesired publicity or disclosure; or right to live without unwarranted interference by public matters within which public is not necessarily concerned

Zones of privacy in our lawThe 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.

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbour and other persons.

Basic purpose of Right to privacyFounded on a person’s inherent

right to enjoy private life without having incidents thereto made public.Illegally obtained documents are

inadmissible in evidenceOriginal document must be

produced; exceptions. When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

A spouse can testify on a confidential psychiatric evaluation reportA confidential psychiatric

evaluation may be testified without offending the privilege communication rule in a case of annulment of marriage.