Bill of Rights

Bill of Rights- It is a declaration and enumaration of a person’s rights and priviliges which the Constitution is designed to protect against violation by the government, or by the individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the State.

Classes of Rights - Natural Rights, Constitutional Rights, Statutory Rights

Natural Rights- rights possessed by every citizen without being granted by the State for they are given to man by God as human created to His image that he may love a happy life

Constitutional Rights- rights conferred and protected by the Constitution

Statutory Rights- rights provided by law promulgated by the law-making body and consequently may be abolished by the same body

Classification of Constitutional Rights-Political Rights, Civil RIghts, Social and Economic Rights, RIghts of the Accused

Political Rights- the power to aprticipate directly or indrectly in the establishment or administration of the government

Civil Rights- a law which secres private individuals for the purpose of securing enjoyment of their emans of happiness

Social and Economic Rights- intended to insure the welll-being and economic security of an individual

Rights of the Accused- intended for the protection of a person accused of any crime

Statutory and Individual Freedom- State, an insturment to promote both individual ad social welfare; conflict between individual rights and group welfare; balancing of individual and group rights and interest; role of the Judiciary

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.

Meaning of Due Process of Laws

Any deprivation of life, liberty, or property by the State is with due process if it is done:

  1. Under the authority of the alw that is valid or the Constitution itself; and

  2. After compliance with fair and reasonable methods of procedure required by law.

Aspects of Due Process

  1. Procedural due process

    a. In judicial proceedings

    a1. An impartial court clothe by law with authority to bear and determine the before it

    which is the subject matter of the proceeding:

    a2. Jurisdiction lawfully acquired over the person of the defendant or property

    23. Opportunity to be heard given the defendant, anit Judgment to be rendered after lawful hearing

    b. In administrative proceedings

    1. Substantive due process

    a. Thus a tax which is imposed for a private purpose constitutes a taking of property without due process at it is beyond the authority of legislature to levy

    b. Likewise the taking of property for private use or without ayment of just compensation offends substantive cue press

    PERSONS PROTECTED- All persons within the territorial Jurisdiction of the Philippines, without regan to any difference of race, color, or nationality, inchating anem

    MEANING OF LIFE-Something more than mere animal existence. The prohibition against its deprivation without due process extends to all the limtus and faculties by which life is enjoyed

    MEANING OF LIBERTY-The right of man to use its faculties with which he has been endowed by his Creator subject only to the limitations that he does not violate the law or the rights of others.

    MEANING OF PROPERTY-The thing itself or the right over a thing.

WHAT CONSTITUTES DEPRIVATION?

1. Deprivation of life-the loss of any of the various physical and mental attributes which man must have to live as a human being, it is the very foundation of human rights.

2. Deprivation of liberty that one is unduly prevented from acting the way he wishes to do

3. Deprivation of property-when its value is destroyed or its adaptability to some particular or its capability for enjoyment is impaired.

A. MEANING OF EQUAL PROTECTION OF THE LAW-signifies that all persons subject to legistation should be treated alike under circumstances and conditions bath in the privileges conferred and liabilities imposed

B. REASONABLE CLASSIFICATION PERMITTED

1. Foreign corporations domestic corporations. made to pay higher amount of taxes that paid try

2. Certain professions are limited to persons of the male sex.

3. Certain privileges for leaves and shorter hours of labor extended extended to men.

4. Preference is given to Filipino citizens in the lease of public market stalls.

5. Different professions are taxed at different amount.

6. Employment in factories of children under designated apes is prohibited.

C. SCOPE OF THE GUARANTEE

1. The guarantee of equal protection (and due process of lawi on all the organs of government and all the subordinate instrumentalities and subdivissans there of, and the Inherent powers of gawemment

2. The guarantee is available to all persons.

2. The guarantee is available to all persens

3. It does not extend to rights which are political.

4. It is not also intended to enforce social equality.

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.

A. MEANING OF SEARCH WARRANT AND WARRANT OF ARREST

1. Search warrant-an order in writing, issued in the name of the People of the Pivilippines, signed by a judge and directed to a peace officer, commanding him to search for a certain personal property and bring it before the court

2. Warrant of arrest-written order to arrest a person designated to take him in custody in order that he may be bound to answer for the commission of a offense