Polsci Lec 8

7/31/2019 Polsci Lec 8

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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



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Permissible interference


Lawful order of the court

National security, public safetyor public health

Police power of the State

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Intervention of the court


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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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



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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

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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

Documents

Polsci Lec 8