The document discusses the concept of a bill of rights and the classification of different types of rights that citizens enjoy in a democratic state. It specifically outlines natural rights, constitutional rights, and statutory rights. It then classifies constitutional rights as political rights, civil rights, social and economic rights, and rights of the accused. The document proceeds to discuss concepts like due process, search and seizure, privacy of communication, and other civil liberties that would be protected in a bill of rights.
The document discusses the concept of a bill of rights and the classification of different types of rights that citizens enjoy in a democratic state. It specifically outlines natural rights, constitutional rights, and statutory rights. It then classifies constitutional rights as political rights, civil rights, social and economic rights, and rights of the accused. The document proceeds to discuss concepts like due process, search and seizure, privacy of communication, and other civil liberties that would be protected in a bill of rights.
The document discusses the concept of a bill of rights and the classification of different types of rights that citizens enjoy in a democratic state. It specifically outlines natural rights, constitutional rights, and statutory rights. It then classifies constitutional rights as political rights, civil rights, social and economic rights, and rights of the accused. The document proceeds to discuss concepts like due process, search and seizure, privacy of communication, and other civil liberties that would be protected in a bill of rights.
A bill of rights may be defined as a declaration and
enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government , or by individual or groups of individuals. CLASSES OF RIGHTS The rights that a citizen of a democratic state enjoys may be classified into: 1.Natural rights- They are those rights possessed by every citizen without being granted by the State for they are given to man by God as a human being created to His image so that he may live a happy life. Ex. Right to life and right to love CLASSES OF RIGHTS 2. Constitutional rights- They are those rights which are conferred and protected by the Constitution. Since they are part of the fundamental law, they cannot be modified or taken away by the law –making body 3. Statutory rights- They are those rights which are provided by laws promulgated by the law –making body and, consequently, may be abolished by the same body. Ex. right to receive minimum wage and right to inherit property. CLASSIFICATION OF CONSTITUTIONAL RIGHTS The rights secured by the Constitution may be classified as follows: 1. Political rights- They are such rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government. Ex. right of citizenship, right of suffrage and the right to information on matters of public concern. 2. Civil rights- They are those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. Ex. rights against involuntary servitude, liberty of abode, freedom of speech, of expression or of the press. 3. Social and economic right- They include those right s which are intended to insure the well-being and economic security of the individual. Ex. right to property, right to just compensation for private property taken for public use. 4. Rights of the accused- They are the (civil) rights intended for the protection of a person accused of any crime, like the right to presumption of innocence, right to a speedy , impartial, and public trial , and the right against cruel , degrading, or inhuman punishment . 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.
What is due process?
Any deprivation of life, liberty, or property is with due process if it is done under the authority of a law that is valid (i.e., not contrary to the Constitution) or of the Constitution itself, and after compliance with fair and reasonable methods of procedure prescribed by law. ASPECTS OF DUE PROCESS OF LAW. 1. Procedural due process which refers to the method or manner by which the law is enforced. Daniel Webster’s famous definition: a procedure “which hears before it condemn, which proceed s upon inquiry, and renders judgment only after trial.” An indispensable requisite of this aspect of due process is the requirement of notice and hearing 2. Substantial due process which requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty, or property for arbitrary reasons or on flimsy grounds. Meaning of life- Life, as protected by due process of law, means something more than mere animal existence. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed. Meaning of liberty- Liberty, as protected by due process of law, denotes not merely freedom from physical restraint e.g. imprisonment. It also embraces the right of man to use his faculties with which he has been endowed by his Creator subject only to the limitation that he does not violate the law or the rights of others. Meaning of property- Property, as protected by due process of law, may refer to the thing itself or to the right over a thing. It includes the right to own, use, transmit and even to destroy, subject to the right of the State and of other persons. MEANING OF EQUAL PROTECTION OF THE LAWS.
Equal protection of the laws signifies that “all persons subject
to legislation should be treated alike, under like circumstance and conditions both in the privileges conferred and liabilities imposed.” What it prohibits is class legislation, which discriminates against some and favors others when both are similarly situated or circumstanced. 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 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. MEANING OF SEARCH WARRANT AND WARRANT OF ARREST (1) A search warrant is an order in writing , issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court. (2) If the command is to arrest a person designated, i.e., to take him into custody in order that he may bound to answer for the commission of an offense, the written order is called warrant of arrest. SCOPE OF THE PROTECTION. (1) Persons.- The protection applies to everybody, to citizens as well as aliens in the Philippines, whether accused of crime or not. Corporations are also entitled to the protection. (2) Houses.- The protection is not limited to dwelling houses but extends to a garage, warehouse, shop, store, office , and even a safety deposit vault. It does not extend, however, to the open spaces and fields belonging to one. (3) Papers and effect.- They include sealed letters and packages in the mail which may be opened and examined only in pursuance of a valid search warrant. WHAT CONSTITUTES A REASONABLE OR UNREASONABLE SEARCH OR SEIZURE IN ANY PARTICULAR CASE IS A PURELY JUDICIAL QUESTION (I.E., ONLY COURTS ARE EMPOWERED TO RULE UPON), DETERMINABLE FROM A CONSIDERATION OF THE CIRCUMSRTANCES INVOLVED. MEANING OF PROBABLE CAUSE. By probable cause is meant such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof. It presupposes the introduction of competent proof that the party against whom a warrant is sought to be issued has performed particular acts, or committed specific omissions, violating a given provision of our criminal laws. WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT
In the following instances:
(1)Where there is consent or waiver, (2)Where search is an incident to a lawful arrest, (3)In the case of contraband or forfeited goods being transported by ship automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant, (4)Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand (5) As an incident of inspection, supervision and regulation in the exercise of police power such as inspection of restaurants by health officers, of factories by labor inspectors, etc. The same thing may be said of inspection of books of accounts by revenue examiners, and (6) Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws. WHEN ARREST MAY BE MADE WITHOUT WARRANT. A peace officer or private person may, without a warrant, arrest a person: (1)When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (2)When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it ; and (3)When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 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 RERQUIRES OTHERWISE AS PRESCRIBED BY LAW. (2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDINGSECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING. 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 to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. 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. Section 6. The liberty of abode and of changing the same 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. 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, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted.