Complete Bill of rights T-T

Bill of Rights

The declaration and enumeration of individual rights and privileges designed to protect individuals from violations and to limit the power of the State.

Natural Rights

Rights that are inherent to human beings, such as enjoying the good life and the right to love.

Constitutional Rights

Rights guaranteed by the Constitution, including political rights, civil rights, social and economic rights, and rights of the accused.

Statutory Rights

Rights created and promulgated by laws through law-making bodies and which may be abolished by the same body.

Political Rights

Constitutional rights involving participation in government and political affairs.

Civil Rights

Constitutional rights protecting individuals in their civil relationships and freedoms.

Social and Economic Rights

Constitutional rights concerning social and economic interests and welfare.

Rights of the Accused

Constitutional rights given to persons accused of crimes to protect them during criminal proceedings.

Section 1

The right to life, liberty, and property and the right to due process and equal protection of the laws.

Life

The right to life includes the right of an individual to have their body in completeness, free from dismemberment, and to enjoy the faculties given by God.

Liberty

The right to exist and to be free from personal restraint or servitude, including the right to contract, choose one's employment, and labor.

Property

Anything that can come under the right of ownership and be subject to contract.

Due Process of Law

The requirement that when the State deprives a person of life, liberty, or property, it must act under a valid law and follow regular legal procedures.

Elements of Procedural Due Process

Notice of hearing, jurisdiction over the person or subject matter, an impartial court or tribunal, opportunity to be heard, and judgment only after lawful hearing.

Substantive Due Process

The requirement that the State must not exercise arbitrary power and that the law itself must be fair, reasonable, and just.

Equal Protection Clause

The constitutional requirement that persons similarly situated or belonging to the same class must be treated equally under the law.

Crimes Against Persons

Crimes involving harm or offenses against individuals, including parricide, murder, homicide, physical injuries, and related offenses.

Parricide

A crime involving the killing of a family member.

Murder

Killing accompanied by qualifying circumstances.

Homicide

Killing with intention.

Death cause in a tumultous affray

happens when several unorganized people quarrel and attack each other in a confused free-for-all

Physical injuries inflicted in a tumultous affray

occur when several unorganized people quarrel and assault each other in a confused, violent free-for-all

Giving Assistance to Suicide

A crime involving assistance given to a person in committing suicide.

Discharge to firearms

shooting at someone without the intent to kill

Infanticide

A crime involving the killing of an infant.

Abortion

The unlawful termination of pregnancy as described in the lesson.

Crimes Against Liberty

Crimes involving unlawful interference with a person's freedom, including kidnapping, illegal detention, unlawful arrest, slavery, and exploitation of child labor.

Kidnapping

The unlawful taking or detention of a person.

Illegal Detention

Unlawfully keeping a person from exercising freedom.

Unlawful Arrest

Arresting a person without lawful authority or justification.

Slavery

Treating a person as property or subjecting them to involuntary servitude.

Exploitation of Child Labor

The unlawful exploitation of children through labor.

Crimes Against Property

Crimes involving property, including robbery, brigandage, theft, altering boundaries, and swindling.

Robbery

A crime against property involving the taking of property through force or intimidation.

Brigandage

A crime against property involving organized or band-like criminal activity.

Theft

The unlawful taking of another person's property.

Swindling (Estafa)

A crime involving fraudulent taking or obtaining of property.

Section 2

The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

Search

A process conducted by an authorized officer to look for specific items related to a crime.

Seizure

The taking of possession of items by officers during a search.

Search Warrant

A warrant issued by a judge authorizing a search of a particularly described place for specified persons or things.

Warrant of Arrest

A judicial warrant authorizing the arrest of a person based on probable cause.

Probable Cause

The basis required for a valid search or arrest warrant and determined personally by the judge.

Requirements for a Valid Search or Arrest Warrant

It must be issued upon probable cause personally determined by the judge, after examination under oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

Warrantless Arrest

An arrest made without a warrant under circumstances allowed by law.

In Flagrante Delicto Arrest

A warrantless arrest when the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

Hot Pursuit Arrest

A warrantless arrest when an offense has been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested committed it.

Escapee Arrest

A warrantless arrest of a person who has escaped from a penal establishment.

Warrantless Search

A search conducted without a warrant under legally recognized circumstances.

Consent Search

A warrantless search made when an individual freely and voluntarily agrees to the search of their property.

Exigent Circumstances

Circumstances in which obtaining a warrant would jeopardize public safety or lead to the loss of evidence.

Plain View Doctrine

The principle allowing officers who are legally in an area to seize evidence that is clearly visible.

Allowable Warrantless Searches

Searches of a validly arrested person, seizure of illegal objects in plain view, reasonable searches of moving vehicles, searches based on consent, and certain searches at customs or airports.

Illegally Obtained Evidence

Evidence acquired in violation of constitutional protections and excluded from consideration in proceedings.

Exclusion of Illegally Obtained Evidence

The rule that illegally obtained evidence is inadmissible in proceedings.

Section 3

The right to privacy of communication and correspondence, except upon lawful court order or when public safety or order requires otherwise as prescribed by law.

Privacy of Communication and Correspondence

The constitutional protection covering private communications and correspondence.

Protected Communications

Letters, messages, emails, and telephone calls.

Fruit of the Poisonous Tree Doctrine

The principle that illegally obtained evidence, including evidence derived from illegal evidence, is inadmissible.

Exceptions to Privacy of Communication

Lawful court orders and circumstances involving public safety or order as prescribed by law.

Court-Authorized Wiretapping

Lawful interception of communications authorized by a court for certain crimes identified in the lesson.

Anti-Wiretapping Law

A law governing unlawful interception of private communications.

Anti-Terrorism Law

Legislation that may permit authorized interception of communications under legally prescribed circumstances.

Section 4

The freedom of speech, expression, and press, and the right to peaceably assemble and petition the government for redress of grievances.

Freedom of Expression

The constitutional freedom to communicate ideas and opinions through speech and other forms of expression.

Freedom of the Press

The freedom of the press to communicate and publish information and opinions.

Freedom of Assembly

The right to hold rallies and voice grievances against the government peacefully.

Right of Petition

The right of people to petition the government for redress of grievances.

Importance of Freedom of Expression

It is essential for the search for truth, democracy, self-realization, and self-determination.

Prior Restraint

Actual and official governmental restriction of the press or other forms of expression before publication or dissemination.

Defamation

Saying or writing something about another person that hurts their reputation.

Libel

Defamation made in writing and published.

Slander

Defamation made through spoken words.

Restrictions on Freedom of Assembly

Restrictions may be imposed to protect national security or public safety, protect the rights and freedoms of others, and prevent disorder and crime.

Section 5

The freedom of religion, including free exercise of religious profession and worship without discrimination or preference and the prohibition of religious tests.

Freedom of Religion

The right of an individual to worship God without interference from any person or power.

Religious Test

A requirement that someone have a particular religious belief before performing an act or exercising a civil or political right.

Non-Establishment Clause

The principle that the State may not establish or sponsor a religion or give preference to one religion over another.

Free Exercise Clause

The principle that the State cannot prohibit or force a person to choose a religion.

Prohibition of Religious Test

Civil or political rights cannot be conditioned upon passing a religious test.

Section 6

The liberty of abode and the right to travel shall not be impaired except under the conditions prescribed by law.

Liberty of Abode

The right of a person to choose and change their residence without government interference, subject to lawful limitations.

Right to Travel

The right to go to different places.

Limitations on Right to Travel

The right to travel may be impaired in the interest of national security, public safety, or public health as provided by law.

Example of Travel Restriction

Lockdowns during COVID-19.

Section 7

The right of the people to information on matters of public concern.

Right to Information

The right of citizens to access official records, documents, papers concerning official acts, transactions, decisions, and government research data used for policy development, subject to legal limitations.

Information That May Be Withheld

National security matters, military intelligence plans, confidential diplomatic matters, trade secrets and banking transactions, and the identity of informants in criminal investigations.

Section 8

The right of people, including public and private sector employees, to form unions, associations, or societies for purposes not contrary to law.

Right of Association

The right to organize into unions, associations, or societies for lawful purposes.

Right to Strike

The right to strike as discussed in the lesson, subject to legal limitations.

Public Employee Strike Restriction

The lesson states that employees of the SSS and public school teachers cannot wage a strike.

Section 9

Private property shall not be taken for public use without just compensation.

Police Power

The power of the State to enact regulations for the health, safety, and welfare of the public.

Power of Taxation

The power of the government to impose and collect taxes.

Power of Eminent Domain

The power of the government to take private property for public use with proper compensation.

Eminent Domain Requirements

The property must be private, it must be taken for public use, and just compensation must be given.

Just Compensation

Compensation given to the owner of property taken for public use, which the lesson states must equal the property's market value.

Section 10

No law impairing the obligations of contracts shall be passed.

Impairment of Contract

A situation in which a law changes the terms of a legal contract, changes the time or mode of performance, imposes new conditions, removes existing conditions, or authorizes something different from what the contract provides.