Bill of rights

(Social Science 102)

Bill of rights
Definition: A declaration and enumeration of the

individual rights and privileges which the Constitution is designed to protect against violations by the government or by individual or groups of individuals It is a charter for the individual and a limitation upon the power of the State.

Classification of rights
Natural rights not granted by the State but

conferred by God to every person; Constitutional rights conferred and protected by the Constitution; Statutory rights provided by laws promulgated by the law-making body, and may be abolished by the same.

Types of constitutional rights

Political rights power to participate in the

establishment or administration of the government; Civil rights secures private individuals of enjoying their means of happiness; Social and economic rights ensures the wellbeing and economic security of the individual; Rights of the accused protects the accused person of any crime

Rights under the bill of right

Right to due process (sec.1)
Any deprivation of life, liberty or property is with due

process if it is done under the authority of the law that is valid, or of the Constitution itself, and after the compliance with fair and reasonable methods of procedure prescribed by law Two aspects of due process are substantive due process and procedural due process

Right to due process

Substantive due process means that the law itself

is fair, reasonable and just. Deprivation must not be based on arbitrary reasons nor flimsy grounds. Procedural due process refers to the method and manner by which the law is enforced.
It is a procedure which hears before it condemns,

which proceeds upon inquiry, and renders judgment only after trial.

 Q1: Which of the following is incorrect statement

about the requisites of a procedural due process?

A. Impartial court or tribunal B. Jurisdiction over the person or subject matter C. Defendant or party is given an opportunity to be

heard D. Judgment is rendered before lawful hearing

Answer: D

Right to equal protection (sec.1)

It signifies that all persons subject to legislation

should be treated alike, under like circumstances and conditions, both in the privileges conferred and liabilities imposed

Reasonable classification permitted

Foreign corporations are made to pay higher

amount of taxes than that paid by domestic corporations; Certain professions are limited to persons of male sex; Certain privileges and shorter hours of labor extended to women are not extended to men; Preference is given to Filipino citizens in the lease of public market stalls; Different professions are taxed at different amount.

 Q2: The reading of the rights of the accused at the time

of the arrest is popularly known as:

A. Search warrant B. Arrest warrant C. Miranda doctrine D. Police power

Answer: C

Right against invalid arrest and searches (sec. 2)

No one can search ones house without a search

warrant No one can be arbitrarily arrested without a warrant of arrest, and without observing the Miranda doctrine The issuance of search warrant and warrant of arrest shall be based upon probable cause Probable cause refers to those facts and circumstances which would induce a cautious man to believe that a crime would have probably been committed.

 Q3: Which of the following states an instance when

search or seizure may be legally made even without a warrant?

A. If the search or seizure is done indiscriminately B. If what is searched or seized is a contraband or article

prohibited by law C. The right against unreasonable search or seizure is not waived D. If the search or seizure is not incidental to a lawful arrest
Answer: B

Instances of lawful search and seizure without a warrant

Where there is consent or waiver

Where search is an incident to a lawful arrest

In the case of contraband or forfeited goods

carried by various means of transportation Where articles prohibited by law is disclosed to plain view Incidental to inspection, supervision, and regulation Routinary searches made at the border or port of entry

Instances of arrest without a warran t

When, in the presence of the arresting officer, the

accused has committed, is actually committing, or is attempting to commit an offense; When the arresting officer has the personal knowledge of the facts indicating that the person to be arrested has committed the offense; When the accused has escaped from penal establishment or while being transported

 Q4: Which of the following is a violation of the

right to privacy of communication?

A. wire-tapping B. Cutting of phone services due to non-payment C. Failure to deliver letters due to remoteness of

place D. Imposing metered telephones to phone users

Answer: A

Rights to privacy of communication (sec.3)

Right to privacy is defined as the right to be left

alone It is also defined as the right of a person to be free from unwarranted 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.

 Exception:
Upon lawful order of the court Public safety or order requires

Any evidence obtained in violation of this right

shall be inadmissible

 Q5: Why is the freedom of speech, expression,

or press not absolute?

A. Because it varies from person to person B. Because it is only theoretical C. Because it is still subject to laws such as the

laws on sedition, libel, and slander D. Because it is often violated

Answer: C

Right /freedom of speech, expression, press and assembly (sec.4)

Speech and expression include oral

utterances, picketing, or motion picture Press covers every sort of publication Assembly means to meet peaceably for consultation in respect to public affairs This right is not absolute.

 Q6: Which of the following is contrary to the idea

of freedom of religion?
A. Administering religious test for government

employment purposes B. There should be no state religion C. Religious instruction is allowed in public schools D. Religious priest or minister is employed in the armed forces, penal institution as well as government orphanages or leprosarium
Answer: A

Right/freedom of religion (sec.5)

No prohibition to establish or exercise religion

No religious test in the exercise of civil or political

rights Two aspects of religious freedom as guaranteed by the Constitution

Separation of the Church and State Freedom of religious profession and worship

Right/liberty of abode and travel (sec.6)

Right to have his home in whatever place and to

change it whenever he decides, as well as to travel as one wants Exceptions:

Lawful order of the court

In the interest of security, public safety or public

health

Right to information (sec.7)

Matters of public concern

Access to official records and documents

With this right, people can participate more

effectively in governmental affairs Exception: Certain documents that are held confidential, especially if it involves security of the State.

Right to association (sec.8)

It is the freedom to organize or to be a member of

any group or association, union, or society and to adopt the rules appropriate to achieve their purpose. This includes those employed in public and private sectors Purpose shall not be contrary to law

 Q7: Which of the following is not a requisite of

the States power of eminent domain?

A. Existence of public use B. Payment of just compensation C. Observance of due process of law in the taking

D. Improper use of the property by the owner

Answer: D

Right to a just compensation (sec.9)

For property taken for public use

Power of eminent domain of the government

Meaning of taking:
Actual physical seizure is not essential The taking must be direct

Right to enter contracts (sec.10)

Also known as the non-impairment clause

Stipulations in the contract shall be the law

between or among parties Such contract however must not be contrary to law, morals, public policy, public order

Right to free access to court (sec.11)

Refers to courts and quasi-judicial bodies

For legal assistance

By reason of poverty

Rights of the accused

Right of the person under investigation (sec.12)
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 other means that vitiates free will Against being held in secret, solitary, incommunicado, or other form of detention

Rights of the accused

Right to bail (sec.13)
Purpose: To relieve the accused from imprisonment

until his conviction and yet secure his appearance in trial In the form of cash deposit, property bond, bond secured from a surety company, or recognizance It is always a matter of right, except when the accused is:

 It is always a matter of right except when the

accused is:
Not yet in the custody of the law Charged with a capital offense or if the evidence of

guilt is strong Held guilty by a final judgment Commenced to serve sentence

Rights of the accused

Q8: Which of the following statements is correct?
A. The accused is presumed guilty until the

contrary is proved B. The accused is declared innocent even though the contrary has been proved C. The accused is presumed innocent until the contrary is proved D. The accused shall not be presumed guilty or innocent
Answer: C

Rights of the accused

Right to be presumed innocent until the contrary

is proved (sec. 14)

A guarantee that no person shall be convicted of a

crime except upon confession or unless his guilt is established by proof beyond reasonable doubt.

Rights of the accused

Right to habeas corpus (sec. 15)
Writ of habeas corpus is an order issued by a court

directing the person detaining another to produce the body of the prisoner at a designated time and place Purpose: To inquire in all manner of involuntary restraint or detention Can be suspended by the President only in case of invasion or rebellion, when public safety requires it.

Rights of the accused

To have a speedy disposition of the case (sec.

16)
Upholds the old dictum that justice delayed is

justice denied It is however consistent with reasonable delays.

 Q9: The provision that no person can be

compelled to be a witness against himself is also known as:

A. Right against testifying B. Right against self-incrimination

C. Right against privacy of communication

D. Freedom of speech

Answer: B

Rights of the accused

Right against self-incrimination (sec. 17)
If required to testify against himself, he would be

placed under the strongest temptation to commit the crime of perjury To prevent the extortion of confession by duress Burden of proof is on the prosecution

Rights of the accused

Right against excessive fines (sec. 19)
Addressed to the sound discretion of the court Not unreasonable if within the limits of the statute

Right against cruel, degrading, or inhuman

punishments (sec. 19) Right against double jeopardy (sec. 21)

Rights of the accused

Double jeopardy means that when a person is

charged with an offense and the case is terminated either by acquittal or conviction, without the express consent of the accused, the latter cannot be charged again with the same or identical offense

Rights against detention by reason of political beliefs and aspiration (sec.18)

Rights against becoming a political detainees;

A guarantee that one can voice his contrary views

and ideas about the existing political order It is a prohibition to government against having prisoners of conscience

Other rights (civic)

Against non-payment of debt or poll tax (sec.20)

Rights against imprisonment for debt (sec. 20)

Right/freedom against ex post facto law or bill of

attainder (sec. 22)