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Lecture # 8:
Article III:
Bill of Rights
PolSci
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Bill of rights Constitution of liberty
Statement of basic rights, liberties andprivileges of the people
enumeration of persons rights andprivileges
Intrinsic dignity and worth
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Bill of rights Constitution of liberty
Individual:characteristic of liberties
State:Limitation of power
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Classes of rights
Natural Rights
Not granted by the State
1
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Constitutional Rights
Conferred and protected by thelaw making body
2
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Statutory Rights
Promulgated by the
law making body
3
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Classification of constitutional rights
Political rights
Rights of the citizens to participate inthe establishment of the government(direct or indirect)
1
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Civil Rights
Rights of the citizens(private individuals) for the purpose ofsecuring to them the enjoyment of
their means of happiness
2
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Social & Economic Right
Intended to secure the well-being andeconomic security of the individual
3
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Rights of the accused
Intended for the protection of aperson on any crime
4
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State authority and individual freedom
Instrument to promote individualand social welfare
Both individual and society attaingreater happiness
1
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Conflict between individuals rights
and group welfare
Yield: Individual to the group andthe Group to the individual
2
Government: protect the interest of the people
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Role of Judiciary
Balancing of individual andthe government
3
No absolute power
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Section 1No 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.
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Persons
All person with in theterritorial jurisdiction of the Philippines
(Citizens and aliens)
Private corporationnot municipal corporations
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Life
More than mere animal existence
No person must be put to death,nor may any organ of his body be amputatedor otherwise destroyed or its use
impaired without due process
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Liberty
Right to use his facultiessubject only to limitation that he does not
violate the law or the right of others
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Property
Anything which is or may be anobject of appropriation
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Due process of law
1. Under the authority of law that is valid orconstitutional
2. After compliance with fair and reasonablemethods of procedure prescribe by law
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Procedural due process
Aspect of Due Process
methods or manner by which
law is enforced
1
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Procedural due process
KindsA. Judicial proceeding criminal or civil
Requites are:
a. Impartial court or traditionalclothed
b. Jurisdiction over the person
dependent or property
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A. Judicial proceeding
Requites are:c. Dependent is given the opportunity
to be heardd. Evidence must be duly considered
e. Judgement must be rendered afterlawful hearing
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Procedural due process in administrative
proceeding
Administrative body or officer
has a general jurisdiction over thesubject matter
2
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Substantive due Process
Requisites of substantive due process
1. Law must be valid
2. Law must be reasonable3. Law is enforced according to the regular
methods of procedure prescribed
4. Law is applicable to all citizens of aparticular call
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Substantive due Process
Power should be use forpublic purpose not for private class
Means should be reasonable andnot unduly or oppressive
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Equal protection of laws
All person should be treated alike
Extends only to civil rights
and not to political rights
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Reasonable classification permitted
1. Foreign corporation payment of highertax
2. Certain profession are limited to male
3. Leaves and shorter hours of labor extendsto women
4. Preference to Filipino citizens
5. Different profession are taxed at differentamounts
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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 anypurpose shall be inviolable
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no search warrant or warrant of arrest
shall issue except upon probable cause to bedetermined 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 orthings to be seized.
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Search Warrant
Warrant of arrest
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Scope of the Protection
1. Person
2. House
3. Paper and effect
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Probable Cause
Competent proof
Sufficiency of affidavit
Based on facts:
Personal knowledge orwitness
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Sufficiency of description
1. Place: premises to be searched
2. Person: Should be name
3. Property: particular designated areaand nature of the property
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Right against unreasonable search & seizure
1. Proper party to invoke the right
2. Right subject to waiver
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When search and seizure may be made with
out warrant
1. Consent and waiver2. Incident to a lawful arrest
3. Case of contraband4. Articles prohibited by law in exercise ofpolice power
5. Incident of inspection6. Routinary search7. Case of war or national emergency
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When search may be made without warrant
1. Actual committing or attempting tocommit an offense
2. Offense has in fact just been committed
3. Prisoners who have escaped
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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.
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(2) Any evidence obtained in
violation of this or the preceding section shall
be inadmissible for any purpose in anyproceeding.
i f i
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Right of Privacy
Right to be left alone by the State
B i d f th ight
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Basis and purpose of the right
1. Right existing in the State of Nature
2. Right designed to secure enjoyment ofones private life
Li it ti f th ight
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Limitation of the right
1. Permissible interference upon a lawfulorder of the court and public safety ororder requires it
2. Intervention of the court - subject topolice power and judicial process of law
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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 toassemble and petition the government for
redress of grievances.
F d f h i d
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Freedom of speech, expression and press
Right to freely utter or publishwhatever one pleases without
Restraint and protected against anyresponsibility for doing
so as long as it doe not violate the law
I t f th g t
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Importance of the guarantee
1. Promotes growth of individual andnation
2. Makes possible, scrutiny of acts andconduct of public measures
3. Insures a responsive and popular
government
F d f E i i t b l t
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Freedom of Expression is not absolute
1. Subject to regulation of the State
2. Subject one to liability when abused
Jurisdiction for abridgment
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Jurisdiction for abridgment
of speech & of the press
1. Clean and present danger rule
2. Application of rule
3. Balancing of interest rule
Right of assembly
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Right of assembly
To meet peaceful for consultation inrespect to public affairs
Right of petition
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Right of petition
Any person or group of personsto apply with out fear of penalty to
branch of government
Relationship with freedom
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Relationship with freedom
of speech and of the press
1. Complement of right of free speech
2. Application of clear and presentdanger
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Section 5
No law shall be made respecting anestablishment of religion,
or prohibiting the free exercise thereof.
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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
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Religion
All forms of belief in the existence of asupreme being
Reference to ones ofhis relationship to his creator
Religious Freedom
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Religious Freedom
Constitution guarantees the right of manto worship God
Religious views of individualwith out dictation or
interference
Aspect of religious freedom
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Aspect of religious freedom
1. Separation of Church and State
2. Freedom of religious profession and
worship
Freedom of religious profession & worship
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Freedom of religious profession & worship
1. Freedom to believe in a religion
2. Freedom to act in accordance with
such belief
Right to disseminate religious belief
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Right to disseminate religious belief
1. Relationship with right to believe- Sharing ones view with others and
seek to win others
- Solicitation of financial assistance
2. Justification for restraint of right
License fee or tax on sale of religious article
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License fee or tax on sale of religious article
1. Permission or condition for exercise ofright
2. Imposition of financial burden afterexercise of right
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No religious test shall be required for theexercise of civil or political rights
Religious freedom becomes meaningless
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Section 6
The liberty of abode and of changing thesame 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.
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Liberty to abode
Right to choose the placewhen he going to live
Liberty of travel
Right to go to places where they
want to go
Limitation of the right
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Permissible interference
Limitation of the right
Lawful order of the court
National security, public safetyor public health
Police power of the State
1
Limitation of the right
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Intervention of the court
Limitation of the right
Proper executive officer is subject
to judicial review
2
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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, ordecisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations asmay be provided by law
Access to official records
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Access to official records
Official records;documents and paper that are official acts;
transaction and decision;
government researches data basis for policydevelopment
Scope of the right
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Scope of the right
1. Right embraces all public records
2. Limited to citizens only with out prejudice
to rights of aliens access to records of caseswhere they litigants
3. limitation
Limitation on the right
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Limitation on the right
1. Public records excepted-involves security of the State
2. Burden on government to justifywithholding of information- balance between the need to know and thesecurity
Writ of Habeas Data
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Writ of Habeas Data
Judicial remedy available to any individualwhose right of privacy, life,
liberty or security is violated on threatenedby an unlawful individual or entity
Writ of Habeas Data
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Writ of Habeas Data
Petition may be filled by any member ofthe immediate family
What is the dutyof the judiciary or the court?
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Section 8
The right of the people,including those employed in the
public and private sectors,
to form unions, associations, or societies forpurposes not contrary to law shall not be abridged
Right to form associations
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Right to form associations
Freedom to organize or to bemember of a group or association,
union or society
Adopt rules to the members
Purposes of the guarantee
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Purposes of the guarantee
1. Encouragement formation of voluntaryassociations
2. Uniting of individuals in the performance oftask
Limitation on the right
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Limitation on the right
Create an imminent danger topublic order, public peace, public morals
or safety
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Section 9
Private propertyshall not be taken for public use
without just compensation
Essential or inherent power of government
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Essential or inherent power of government
Great powers of the government(power of eminent domain, police power & power of taxation)
without it there is no effective government
inherent in sovereignty
Ways by which State interferes withprivate rights and property
All legislative in character
Equivalent compensation
Eminent domain
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Eminent domain
Right or power of the Statewhom the power has been lawfully delegated
to take private property for public use uponpaying a just compensation
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Limitation upon its exercise:1. Existence of public use
2. Payment of just compensation
3. Observance of due process of law
Police power
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Police power
Power of the State to enact suchlaws or regulation in relation to persons and
property as may promote public health,
public morals, public safetyand general welfare and convenience of the people
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Salus populi suprema est lexThe welfare of the people is the supreme law
and
Sic utere tuo ut alienum non laedasSo use your own as not to injure another
property
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Citizens must bear certain burdens
imposed for the good of all
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Illustration of police power laws:
1. Public Health2. Public Morals
3. Public Safety
4. General welfare and convenience
Taxation
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Taxation
Impose charge or burden upon person,property or property rights for the
use and support of the government is necessity.
It can not continue with out means topay its expenses
h d b i
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Theory and basis:
1. Existence of government is a necessity ,it can not continue with out means topay its expenses
2. Reciprocal duties of protection andsupport between the State and itsinhabitants
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Tax table by the BIR
Distinction among the three powers
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Distinction among the three powers
As to authority which exercise the power1Taxation & Police power:
Are exercised by the government
Power Eminent Domain:Granted public service companies
2
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As to purpose: Property2
Taxation: support of the government
Eminent Domain: public use
Police Power: Taken or destroyed for thepurpose of general welfare
3
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As to effect: Money Contributed3
Taxation: Public funds
Eminent Domain: transfer of the right toproperty whether it be ownership or lesser right
Police Power: no such transfer at most thereis a restraint in the injuries use of property
4
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As to persons affected4
Taxation and police power:operate upon a community or class of
individual
Eminent Domain:Operates on an individual as the owner of a
particular property
5
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As to benefits received5
Taxation: individual receives the equivalent ofthe tax in the form of benefits and protection be
receives from the government
5
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As to benefits received5
Eminent Domain:Receives just compensation for the
property expropriated
Police Power:
Compensation of the individual is notimmediate
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