The document outlines the key concepts and classifications of rights protected in a Bill of Rights, including natural rights, statutory rights, constitutional rights, and the specific rights of the accused. It then summarizes the first 8 sections of the Bill of Rights, covering rights to due process, privacy, search and seizure, speech and expression, religion, travel, information, and association.
The document outlines the key concepts and classifications of rights protected in a Bill of Rights, including natural rights, statutory rights, constitutional rights, and the specific rights of the accused. It then summarizes the first 8 sections of the Bill of Rights, covering rights to due process, privacy, search and seizure, speech and expression, religion, travel, information, and association.
The document outlines the key concepts and classifications of rights protected in a Bill of Rights, including natural rights, statutory rights, constitutional rights, and the specific rights of the accused. It then summarizes the first 8 sections of the Bill of Rights, covering rights to due process, privacy, search and seizure, speech and expression, religion, travel, information, and association.
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