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Bill of Rights

Concept of Bill of Rights


A bill of rights may be defined as a declaration
and enumeration of a persons rights and
privileges which the Constitution is designed to
protect against violations by the government,
or by an individual and a limitation upon the
power of the State.
Classes of Rights
Natural Rights

- those rights possessed by every citizen


without being granted by the state for they are
given to man by God as a human being created
to His image so that he may live a happy life.
Classes of Rights
Statutory Rights
those rights which are provided by laws
promulgated by the law-making body and,
consequently, may be abolished by the same
body.
Constitutional Rights
those rights which are conferred and
protected by the Constitution.
Classifications of Constitutional Rights
Political Rights
rights of the citizens which give them the power
to participate, directly or indirectly, in the
establishment or administration of the government.
Civil Rights
those rights which the law will enforce at the
instance of private individuals for the purpose of
securing to them the enjoyment of their means of
happiness.
Classifications of Constitutional Rights
Social and economic rights
those rights which are intended to insure the well-being
and economic security of the individual.

Rights of the accused


the rights intended for the protection of a person
accused of any crime, like the right against unreasonable
search and seizure, the right to presumption of innocence, the
right to a speedy, impartial, and public trial, and the right
against cruel, degrading, or inhuman punishment.
Section 1
Section 1
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.
Aspects of Due Process of Law
Procedural Due Process
the method or manner by which the
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.
Meaning of Life, Liberty & Property
Life
as protected by due process of law, means
something more than mere animal existence.
Liberty
as protected by due process of law, denotes not
merely freedom from physical restraint.
Property
as protected by due process of law, may refer to
the thing itself or to the right over a thing.
What constitutes deprivation
Deprivation of life
refers not merely to the extinction of human
existence. It includes the loss of any of the various
physical and mental attributes which man must have
to live as a human being.
Deprivation of liberty
this deprivation does not require that a person
be detained or confined. To the extent that one is
unduly prevented from acting the way he wishes to
do, there is a diminution of liberty.
What constitutes deprivation
Deprivation of property
it is not necessary that property be
physically taken away from one entitled
to it. There is also deprivation when its
value is destroyed or its adaptability to
some particular use, or its capability for
enjoyment is impaired.
Section 2
Section 2

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.
Search Warrant & Warrant of Arrest
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 commanding the arrest of a
person designated, to take him into custody in order
that he may be bound to answer for the commission
of an offense.
Requisites for valid search warrant or
warrant of arrest
It must be issued upon probable cause.
The probable cause must be determined personally
by the judge himself.
Such determination of the existence of probable
cause must be made after examination by the judge
of the complaint and the witnesses he may produce
The warrant must particularly describe the place to
be searched, and the persons or things to be seized.
Section 3
Section 3

(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.
Meaning of right of privacy
- The right to be left alone.
- The right of a person free from
undesired publicity, or disclosure and as
the right to live without unwarranted
interference by the public in matters
with which the public is not necessarily
concerned.
Section 4
Section 4
No law shall be passed abridging
the freedom of speech, of
expression, or of the press, or the
right of the people peaceably to
assemble and petition the
government for redress of
grievances.
Meaning of freedom of speech, of
expression, and of the press
Otherwise known as the freedom of
expression, implies the right to freely utter
and publish whatever one pleases without
previous restraint, and to be protected
against any responsibility for so doing as
long as it does not violate the law, or injure
someones character, reputation or business.
It also includes the right to circulate what is
published.
Meaning of freedom of speech, of
expression, and of the press
Otherwise known as the freedom of
expression, implies the right to freely utter
and publish whatever one pleases without
previous restraint, and to be protected
against any responsibility for so doing as long
as it does not violate the law, or injure
someones character, reputation or business.
It also includes the right to circulate what is
published.
Meaning of right of assembly and
right of petition
Right of assembly
the right on the part of the citizens to meet
peaceably for consultation in respect to public
affairs.
Right of petition
the right of any person or group of persons to
apply, without fear of penalty, to the appropriate
branch or office of the government for redress of
grievances.
Section 5
Section 5
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.
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.
Aspects of Religious Freedom
- The separation of Church and
State secured in the first sentence
of the provision.

-The freedom of religious


profession and worship, in the
second sentence of the provision.
Section 6
Section 6
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 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 to where he
pleases, without interference
from any source.
Section 7
Section 7
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 such limitations as may be
provided by law.
Scope of the Right
The right embraces all public records.
It is limited to citizens only but what is
without prejudice to the right of aliens
to have access to records of cases
where they are litigants.
Its exercise is subject to such limitations
as may be provided by law.
Writ of Habeas Data
A 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 of a public official
or employee or of a private individual or
entity engaged in the gathering, collecting or
storing of data or information regarding the
person, family, home and correspondence of
the aggrieved party.
Section 8
Section 8
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
The freedom to organize or to be a
member of any group or
association, union or society, and to
adopt the rules which the members
judge most appropriate to achieve
their purpose.
Section 9
Section 9
Private property shall not be
taken for public use without
just compensation.
Eminent Domain
The right or power of the state or of
those to whom the power has been
lawfully delegated to take private
property for public use upon paying
to the owner a just compensation
to be ascertained according to law.
Police Power
The power of the state to enact
such laws or regulations in relation
to persons and property as may
promote public health, public
morals, public safety, and the
general welfare and convenience of
the people.
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 the 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
Section 10

No law impairing the


obligation of contracts
shall be passed.
Obligation of a contract
The law or duty which binds the
parties to perform their agreement
according to its terms or intent, if it
is not contrary to law, morals, good
customs, public order or public
policy.
Section 11
Section 11
Free access to the courts and
quasi-judicial bodies and
adequate legal assistance
shall not be denied to any
person by reason of poverty.
Section 12
Section 12
(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 counsel, he must be
provided with one. These rights cannot be waived except in writing and
n the presence of counsel.
(2) No torture, force or 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 Section
17 hereof 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.
Rights of person under
investigation
To be informed of his right to remain silent
To have competent and independent counsel
preferably of his own choice or to be provided with
one
Against the use of torture, force, violence, threat,
intimidation, or any other means which vitiates the
free will
Against being held in secret, solitary,
incommunicado, or other similar forms of detention.
Section 13
Section 13
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.
Bail
The security required by a court
and given for the provisional or
temporary release of a person who
is in the custody of the ;aw
conditioned upon his appearance
before any court as required under
the conditions specified.
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
Section 14
(1) No persons 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 compulsory
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 in unjustifiable.
Section 15
Section 15
The privilege of the writ of habeas
corpus shall not be suspended
except in cases of invasion or
rebellion when the public safety
requires it.
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.
Section 16
Section 16
All persons shall have the
right to a speedy disposition
of their cases before all
judicial, quasi-judicial, or
administrative bodies.
Section 17
Section 17

No person shall be compelled to


be a witness against himself.
Section 18
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 whereof the party shall have been
duly convicted.
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
free, no matter under what form such
service may have been rendered.
It includes:
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
Section 19
(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 hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.
(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.
Section 20
Section 20
No person shall be
imprisoned for debt or
non-payment of a poll
tax.
Debt & Poll Tax
Debt
- any liability to pay money arising out of a
contract, express or implied.
Poll Tax
a tax of a fixed amount imposed on
individuals residing within a specified territory,
whether citizens or not, without regard to their
property or the occupation in which they may be
engaged.
Section 21
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 an ordinance,
conviction or acquittal under either
shall constitute a bar to another
prosecution for the same act.
Right against double jeopardy
Means that 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.
Section 22
Section 22

No ex post facto law or


bill of attainder shall be
enacted.
Ex Post Facto Law
One which, operating retrospectively
Makes an act done before the passage of a law, innocent
when done, criminal and punishes such act
Aggravates a crime or makes it greater that when it was
committed
Changes the punishment and inflicts a greater
punishment than what the law annexed to the crime,
when committed
Alters the legal rules of evidence, and receives less
testimony than or different testimony from what the law
required at the time of the commission of the offense, in
order to convict the offender.
Bill of Attainder

A legislative act which inflicts


punishment without a judicial
trial.

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