Article III Bill of RightsBill of Rights- declaration and enumeration of a persons rights and privileges which the Constitution is designed to protect against violations by the government, by an individual , or groups of individuals.

Classes of Rights: 1. Natural rights 2. Constitutional rights 3. Statutory rights

Article III Bill of Rights

Natural Rights- rights possessed by every citizen without being granted by the State for they aregiven to man by God as a human being created to His image so that they may live a happy life. Examples are right to live and right to love.

Article III Bill of RightsConstitutional Rights- rights which are conferred and protected by the constitution.**

a. political rights- rights of the citizen that give them the power to participate (directly or indirectly), in the establishment or administration of the govt. e.g., right to vote, right to public information.

Article III Bill of Rightsb. civil rights- rights which the law will enforce at the instance of the private individuals for the purpose of securing to them the enjoyment of their means of happiness e.g., right to religious freedom, and right against impairment of contract, right for peaceable assembly, and freedom of speech.

Article III Bill of RightsSocial and Economic Rights- rights which are intended to insure the well-being and economic security of the individual. Example is the right to property and the right to just compensation when such private property is taken for public use. It also include the right to the promotion of social justice, conservation and use of natural resources, and the promotion of education, science, and technology.

Article III Bill of RightsThe rights of the Accused Person

It includes the right against unreasonable search and seizure, the right to be presumed innocent until proven otherwise, the right to speedy, impartial, and public trial, and the right against cruel, degrading, and inhuman punishment.

Article III Bill of RightsSection1. 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. - due process is deemed to have been observed if it is in accordance with the law or constitution, or it has complied with fair and reasonable methods of procedure as required by law.

Article III Bill of RightsAspects of due process of lawProcedural due process- method or manner by which the law is enforced. This is a kind of procedure that renders a final judgment only after an inquiry and fair trial.2. Substantive due process- pertains to how or to what extent was the procedural due process carried out.

Article III Bill of RightsProcedural due process is observed under the following conditions:The impartial court has the authority to hear the instant case.Jurisdiction is lawfully acquired over the defendant or property that is subject to the proceeding.Opportunity for the defendant to be heard.Judgment is rendered only after lawful hearing.

Article III Bill of RightsTerminologies:Person-all persons in the territorial jurisdiction of the Philippines, aliens included.Life-not only the animal existence, but including all parts of the body through which we enjoy life.Liberty-does not pertain only to physical restraint, but also the exercise of faculties, subject to limitation of the law.Property-a thing, or the right over a thing.

Article III Bill of RightsWhat constitutes deprivation?Life- extinction of human or animal existence is not the only basis of deprivation of life. When any part of the body is impaired, causing the lessening of human existence is already considered derivation.Liberty-does not pertain only to detention or confinement. When one is prevented to act the way he wishes to do, it is already a diminution of liberty. Govt cannot force parents to enroll their children in public schools only.

Article III Bill of RightsProperty-to deprive property is not only to take it physically. There is deprivation when the value is destroyed, or the capability of enjoyment to the property is impaired. The government therefore cannot order an owner of a property to open any part of the property for public use without just compensation.

Article III Bill of RightsReasonable classifications:Foreign corporations pay higher taxesMales only professions and sportsWork privileges for womenFilipino first policy in market stallsProfessions are taxed differentlyChild labor is prohibited in factories.

Article III Bill of RightsScope of the guarantee:

All branches of the government are enjoined to observe the rights of the people.All people are guaranteed, including aliens.The guarantee is not extended to political rights. Example: aliens and convicts cannot vote.Not intended to enforce social equality. People can never be equal in all things.

Article III Bill of RightsSection2 The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches 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 the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Article III Bill of RightsSearch warrant- a written order by the judge to a peace officer commanding him to search for certain personal property and bring it before the court.

Warrant of arrest-a written order by the judge commanding a peace officer to take custody of a person and bring him to court so that he may be bound to answer for the commission of an offense.**

Article III Bill of RightsRequisites of valid search or arrest warrant:**Issued upon probable cause.Probable cause is determined personally by the judge.Judge to examine the complainant and witness before determining existence of a probable cause.The place to be searched and persons or things to be seized must be specified.Note: One offense-One search warrant only.

Article III Bill of RightsSearch and seizure without warrant:1.There is consent or waiver.2.Search is an incident to lawful arrest.3.If the officer believes that ships or vehicles contain contrabands or forfeited goods.4.Prohibited articles are open in the eye or hand.5.As an incident of inspection, supervision, and regulation in the exercise of police powers by health officers or labor inspectors.6.Routinary search at the border or port of entry.

Article III Bill of RightsArrest without warrant:If the person has committed, committing, or about to commit an offense in his presence.When an offense has just been committed and the arresting officer has personal knowledge of the act committed.When the person to be arrested is a escaped convict or prisoner.

Article III Bill of RightsSection3(1)The 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. (2)Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Right of privacy-the right to be left alone. The right to be free from undesired publicity, or disclosure.

Article III Bill of RightsLimitations of the Right:Upon lawful order of the competent court.When public safety and order requires, as prescribed by law.

Illegally obtained evidence is inadmissible in court as a practical way of enforcing the guarantee of the constitution. Punishment for erring officers may not afford this protection. If the article is not prohibited, then the owner may request for its return.

Article III Bill of RightsSection4 No law shall be passed abridging the freedom of speech, of expression, or the right of the people peaceably to assemble and petition the government for redress of grievances.-This pertains to freedom to freely utter or publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate any law, or injure someones reputation or business.However, seditious speeches are not allowed.**

Article III Bill of RightsWhat is the importance of this guarantee?Promotes individual and national growthIt insures the scrutiny of acts and conducts of public officials.Insures a responsive and popular govt.When can these freedom be abridged?When there is a clear and present danger that the speech will likely lead to an evil that the government is empowered to prevent.

Article III Bill of RightsSection5 No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.Religion-belief in the existence of superior beings exercising power over human beings and imposing rules of conduct with future state of rewards and punishments.

Article III Bill of RightsTwo aspects of religious expression:Freedom to believe in a religionFreedom to act in accordance with such belief.Religious test- the demand for avowal or repudiation of certain religious beliefs before the performance of any act

Article III Bill of RightsSection6 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Liberty of abode- the right of the person to have his home wherever he wants. The limitation is upon a lawful order of the court.

Article III Bill of RightsSection7 The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to limitations as may be provided by law.Scope of the right: 1. all public records,2. all citizens, 3. subject to lawful limitations.

Article III Bill of RightsWhy was this right granted?It is in agreement with popular sovereignty.Enable effective people participation.More factual, responsive, and effective denunciation of the government.Deterrent to the commission of venalities.It will reduce suspicion, and thus establish rapport between the people and the government.

Article III Bill of RightsSection8 The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.Right to form associations-freedom to organize or to be a member of any group or association, union, or society, and to adopt rules.To perform task that cannot be accomplished alone. through cooperative activities, the welfare of the nation is advanced.

Article III Bill of RightsSection9 Private property shall not be taken for public use without just compensation.

3 inherent powers of the government: 1. power of eminent domain 2. police power** 3. power of taxation

Article III Bill of RightsEminent domain- the power of the State, or to the officials to whom the power is lawfully delegated to take (expropriate) private property for public use upon paying the owner a just compensation to be ascertained by law.

What are the conditions needed to exercise the power of eminent domain?

Article III Bill of RightsThere is an existence of public use- may be interpreted as for public benefit, public utility, or public benefit.The owner is paid a just compensationDue process of law was observed in the taking of the property- owner has been notified and heard during the expropriation proceeding

Article III Bill of RightsPolice power- the power of the state to enact laws or regulations in relation to persons and property as may promote public health, public morals, public safety, general welfare and convenience of the people.Basis of police power: salus populi suprema est lex sic utere tuo ut alienum non laedas

Article III Bill of RightsTaxation- the power of the State to impose charge or burden upon persons, property, or property rights for the use and support of the government to enable it to discharge its functions.Taxes- enforced proportional contributions from persons and property levied by the lawmaking body.

Article III Bill of RightsSection10 No law impairing the obligation of contracts shall be passed.

Obligation of contract- the law or duty which binds the parties to perform their agreement according to its terms or intents, if the agreement is not contrary to law, morals, good customs, public order, or public policy.

Article III Bill of RightsWhen is the obligation of contract impaired by a passage of new law?When the new law takes from a party a right to which he is entitled under the contract.When the new law deprives him the means of enforcing such right.When the new law imposes new conditions not in the contract or nullifies part of the contract.When the new law diminishes the value of the contract.

Article III Bill of RightsSection11 Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

What are the different rights of an accused person?The right to be presumed innocent**

Miranda DoctrineThe Miranda doctrine (and "Miranda warning") originate from Miranda v. Arizona in 1966. The US Supreme Court overturned Ernesto Miranda's conviction for rape and kidnapping based on its ruling that a suspect must be informed of his right to remain silent and right to have an attorney present before any statements he makes in police interrogation can be admissible in court. Because of this ruling, the police throughout the US now administer the "Miranda warning' ("you have the right to remain silent", etc.) immediately upon arresting a suspect to ensure he or she is aware of these rights.

Miranda Doctrine RecitedYou have the right to remain silent and anything you say will be used against you in court. You have the right to consult with an attorney and to have that attorney present during questioning, and if you are indigent, an attorney will be provided at no cost to represent you.

Article III Bill of RightsSection12 (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

Article III Bill of Rights (2)No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado , or other similar forms of detention are prohibited. (3)Any confession or admission obtained in violation of this or Section17 hereof shall be inadmissible in evidence against him.

Article III Bill of Rights (4)The law shall provide for penal and civil sanctions for violation of this section as well as compensation to and rehabilitation of the victims of torture or similar practices, and their families.

What are the rights of a person under investigation?Can we waive our right of silence and counsel?

Article III Bill of RightsSection13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Article III Bill of RightsBail- security required by the court and given for the provisional or temporary release of a person who is in custody of the law to insure the accused to appear in court. Purpose: to insure appearance in the court. Form: cash, property bond, bond from a surety company.Who cannot invoke the right to bail?

Article III Bill of RightsSection14 (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have

Article III Bill of Rightscompulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.Arraignment-conducted by the judge or clerk in an open court, the accused is furnished with the information copy.

Article III Bill of RightsSection15 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it.

Habeas Corpus- an order of the court ordering a person to produce the body of another person whom he is detaining, and to show sufficient cause for holding such person in custody

Article III Bill of RightsSection16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

**Justice delayed is justice denied**

Give examples of quasi-judicial or administrative bodies.

Article III Bill of RightsSection17 No person shall be compelled to be a witness against himself.

-this is the right against self-incrimination.-it prevents the accused to commit perjury.-it prevents extortion of confession under duress.

Article III Bill of RightsSection18 (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 whereof the party shall have been duly convicted.Involuntary servitude a condition of enforced, compulsory service to another. It includes slavery, and peonage.**

Article III Bill of RightsSection19 (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress thereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

Article III Bill of Rights (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Article III Bill of RightsSection20 No person shall be imprisoned for debt or non-payment of a poll tax.Debt- refers to civil debt, or one not arising from criminal act.Poll tax- cedula, community tax. However, a person can be imprisoned for falsification of community tax.

Article III Bill of RightsSection21 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.

Double jeopardy when a person is charged with an offense and the case is terminated, he cannot be charged again with the same offense.

Article III Bill of RightsRequisites of existence of double jeopardy:Accused has been previously brought to trialIn a court of competent jurisdictionUnder a valid complaint or informationArraigned and pleaded to the chargeConvicted, acquitted, or case dismissedHe is being charged again for the same offense

Article III Bill of RightsSection22 No ex post facto law or bill of attainder shall be enacted.Ex post facto- retroactive laws that:Makes an innocent act criminalAggravates a crimeInflicts greater punishmentAlters the legal rules of evidenceBill of attainder- a legislative act which inflicts punishment without a judicial trial.