Handout on the Bill of Rights

General Classification of Rights1. Divine Right 2. Statutory Rights3. Constitutional Rights

a. Human Rights are the totality of rights possessed by every individual as human being.

b. Political Rights are granted by law to members of community in relation to their direct or indirect participation in the establishment or administration of government.

c. Civil Rights are the rights which municipal law will enforce at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness. (the rights to acquire and enjoy property.)

d. Social and Economic Rights are the rights that promote the well being of a person. (Right to association and right to a living wage.)

Purpose of the Bill of rightsTo limit the exercise of the government of its inherent powers

Right to Due process of Law Right to Life includes the right of an individual to his body in its completeness, free

from dismemberment and extends to the use of God-given faculties which make life enjoyable.

Right to Liberty includes the right to exist; right to be free from arbitrary personal restraint and servitude; and the right to use faculties in lawful ways.

Right to Property is anything that can come under the rights of ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and dispose of them.

Due Process of Law means process within and according to law. It is a process which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

Aspects of Due Process1. Substantive2. Procedural

a. Noticeb. Trial

Equal Protection Clause provides for a more specific guaranty against any form of undue favoritism or hostility from the government. all persons or things similarly situated must be similarly treated both as to rights conferred and responsibilities imposed.

Right against unreasonable searches and seizures scope: protects all persons including aliens and to a limited extent, artificial persons.

Search warrant Requisites:

1. there must be probable cause2. determination of probable cause is done personally by a judge

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3. determination will be done only after examination under oath or affirmation of the complainant and the witnesses he may produce.

4. there is particularity of description of the place to be search and persons or things to be seized.

General rule: a valid search can only be made with a valid search warrant.Exceptions:

1. when the right has been voluntarily waived.2. incident to lawful arrest3. searches of vessel and aircraft for violation of fishery, immigration and customs laws.4. Search of automobiles at boarders for violation of immigration or smuggling laws.5. inspection of buildings and other premises for the enforcement of fire, sanitary and

building regulations.6. plain view7. conduct of “areal target zoning” and “saturation drive” in the exercise of military

powers of the president8. stop and frisk9. personal knowledge

A search warrant is considered void after ten days from its date The execution of a search warrant shall be made only in the presence of its lawful occupant or any member of his family. In the absence of the latter, there has t be at least two witnesses of sufficient age and discretion residing in the same locality. The warrant officer must issue a receipt of the property seized The warrant officer must deliver the seized property to the court which issued the warrant and make a true inventory verified under oath. Exclusionary Rule- Evidence obtained in violation of section 2 shall be inadmissible for any purpose in any proceeding (Fruit of the Poisonous Tree Doctrine)

Warrant of Arresto Requisites:

Judge must have examined under oath and in writing the complainant and his witnesses.

be satisfied that there is probable cause There is a need to place the respondent under immediate custody in order not

to frustrate the ends of justice.

General Rule: there can be no valid arrest without a valid warrant of arrest.Exceptions:

1. when person to be arrested has committed, is actually committing, or is attempting to commit an offense

2. When an offense has been committed and arresting officer has personal knowledge of the facts indicating that the person to be arrested has committed it.

3. when person to be arrested is an escapee 4. When right has been voluntarily waived such as posting of bail bond.

The warrant of arrest issued by the court shall be executed by the warrant officer within a period of ten days from receipt of the process. After the expiration of the 10-day period, the warrant officer shall return the warrant to the issuing judge with an explanation whether or not warrant was served and the manner of its service. An arrest may be made at any day and at any time

Right to Privacy of Communication and Correspondence is inviolable except:

1. upon lawful order of the court2. when public order or safety requires

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It includes tangible and intangible objects Anti-wire Tapping Act

Freedom of Expression speech expression press peaceful assembly petition the government for redress of grievances

Test for valid governmental interference:

1. Clear and Present Danger Rule when words are used in such circumstance and of such nature as to create a clear and present danger that will bring about substantive evil that the state has the right to prevent.

2. Dangerous Tendency Rule words uttered create a dangerous tendency of an evil which the state ha the right to prevent.

3. Balancing of interest when particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands a greater protection under the particular circumstances presented.

BP blg 880 “Public Assembly Act of 1985” provides that a permit to hold a public assembly shall not be necessary where the meeting is to be held in a:

1. Private place2. In the campus of a government-owned or operated educational institution3. In a freedom park

Limitations on Freedom of Expression1. Obscenity2. Protection against Seditious attacks3. Criticisms against public officials must be against acts of public nature4. subject to regulation of police power5. restricted in pursuit of war activities

Freedom of Religion1. Non-establishment clause

a. set up a churchb. pass laws which will aid one religion or prefer one over anotherc. influence a person to go to or remain away from church against his willd. force a person to profess a belief or disbelief in any religion

2. Freedom of religious belief and worshipa. freedom to believeb. freedom to act on one’s belief

No religious test for exercise of rights whether political or civil

Liberty of travel and abode

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liberty of travel and abode and changing the same excepto lawful order of the courto national securityo public safetyo public health

Right to Information1. Right to information to matters of public concern

Public concern embraces subjects which the public may want to know, either because these directly affect their lives or simply because such matters arouse the interest of an ordinary citizen

2. Corollary right of access to official records and documentsa. subject to limitations as may be provided by lawb. political rights available to citizens only

Exceptions 1. personal information about public figures except statements of assets and liabilities2. military and police operations3. confidential matters involving national security

Right to Form Associations All employees can form unions, associations or societies for purposes not contrary to law. The right to form association cannot be impaired without due process of law. This also guarantees the right to join an association. Members of the civil service cannot declare a strike to enforce economic demands, since

the terms and conditions of their employment are governed by law. There is no violation of this right when political parties are prohibited from participating

in Barangay elections for the purpose of ensuring the non-partisanship of candidates RA 3350 recognizes the right of workers to disassociate from or not join a union despite a

closed shop agreement, if they are members of any religious sect which prohibits affiliation of their members in any such labor organization

This right is not violated as regards prohibition on managerial employees to join, assist or form a labor union because top or middle managers are executives who receive from their employers information that is not only confidential but also not generally available to the public, or to their competitors or to other employees.

The compulsory membership of all lawyers to the IBP does not violate the constitutional guarantee.

Non-impairment clause (Obligation of Contracts) Laws should not impair obligation of contracts Impairment means anything that diminishes the efficacy of contract Limitations:

o Police power prevails over contracts for the reason that public welfare is superior to private rights

o Eminent domain may impair obligation of contractso Taxation cannot impair obligation of contracts

Free Access to Courts and other Tribunals Adequate free legal assistance

o PAOo Fiscalo Counsel de-officio

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Quasi-judicial body is a specialized board or tribunal which exercises discretion of a judicial nature, or the power to hear and decide cases

Miranda Rights Exist only in custodial investigation Custodial investigation is any questioning initiated by law enforcement officers after a

person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

Rights guaranteed: o Remain silento Competent and independent counsel preferably of his own choiceo Right to be provided with counsel if person cannot affordo To be informed of such rightso No force or tortureo No secret detention placeso Confessions/admissions obtained in violation of rights are inadmissible in

evidence These rights cannot be waived except:

o In writingo In the presence of counsel

Right to Bail All accused can invoke this right, except:

o When penalty is reclusion perpertua, life imprisonment or deatho The evidence of guilt is strong

Available even when the writ of habeas corpus is suspended Should not be excessive Standards for fixing amount of bail

o Financial ability of accusedo Nature and circumstances of offenseo Penalty for offense chargedo Character and reputation of accusedo Age and health of accusedo Weight of evidence against himo Probability of his appearance at trialo Forfeiture of other bonds by himo He was a fugitive from justice when arrestedo Pendency of other cases where he is also under bail

Rights of the Accused Due process

o Accused to be heard in court of competent jurisdictiono Accused proceeded against under orderly processes of lawo Accused given notice and opportunity to be heardo Judgment rendered was within authority of a constitutional law

Presumption of Innocenceo Evidence of guilt beyond reasonable doubt

Right to be Heard by Himself and Counsel Right to be Informed of Nature and Cause of Accusation Against Him

o Void-for-Vagueness Ruleo Arraignment

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Right to Speedy, Impartial and Public Trialo Speedy free from vexatious, capricious, and oppressive delayso Impartial judge must not only be impartial but must look impartialo Public to prevent possible abuses which may be committed against the

accused, except In rape cases when victim relates what happened Family cases Public safety requires

Right to Meet Witnesses Face to Faceo Witnesses not submitted for cross-examination not admissible as evidence

Right to Compulsory Process to Secure Attendance of Witnesses and Production of Evidence

o Subpoena Duces tecum requires the submission of documents Ad testificandum requires attendance in court to personally testify

o Trial in absentia

Writ of Habeas Corpus Writ issued by court directed to person detaining another, commanding him to produce

the body of the prisoner at designated time and place, with the day and cause of his capture and detention, to do, to submit to, and to receive whatever court or judge awarding writ shall consider in his behalf.

Available when the person is restrained of his liberty without just or authorized cause The only grounds for suspension of this privilege is in case of invasion or rebellion when

the public safety requires its suspension

Right to Speedy Disposition of Cases Judicial Quasi-judicial Administrative

Right Against Self-incrimination An accused cannot be forced to be a witness against his will Not applicable when:

o Evidence sought to be excluded is not an incriminating statement but an object evidence (e.g. blood testing, paraffin testing, medical checkup, etc.)

o The state’s right of inspection in the exercise of police or taxing power of the books of accounts of corporations

o Subpoena duces tecum directed against government officials required to produce documents or public records in their possession or custody

Non-detention by Reason of Political Beliefs or Aspirations No person shall be detained by reason of his political beliefs or aspirations

Involuntary Servitude Condition where one is compelled by force, coercion or imprisonment, and against his

will, to labor for another, whether he is paid or not Not allowed except:

o Punishment for a crimeo Service in defense of the state

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o Naval enlistmento Return to work ordero Exercise of police powero Parental authority

Prohibited Punishments Mere severity does not constitute cruel or unusual punishment. To violate constitutional

guaranty, penalty must be flagrant and plainly oppressive, disproportionate to nature of offense as to shock senses of community.

Non-imprisonment for Non-payment of Debt or Poll Tax Debt must be acquired without deceit Poll tax is another term for community tax, residence tax or cedula

Double Jeopardy Requisites

o Valid complaint or informationo Filed before competent courto To which defendant has pleadedo Defendant was previously acquitted or convicted or case dismissed or otherwise

terminated without his expressed consent

Ex Post Facto Law and Bill of Attainder Kinds of ex post facto law

o Law criminalizing act done before its passageo Law aggravating penalty for crime committed before passageo Law inflicting greater or more severe penaltyo Law altering legal rules of evidence and receives less or different testimony than

law required at time of commission, in order to convict accusedo Law assuming to regulate civil rights and remedies only, in effect imposes a

penalty of deprivation of right for something which when done was lawfulo Law depriving accused of some lawful protection to which he had been entitled,

such a protection of a former conviction or acquittal, or of a proclamation of amnesty

Characteristics of ex post facto lawo It refers to criminal matterso It is retroactive in applicationo It works to the prejudice of the accused

Bill of Attaindero Legislative act that inflicts punishment without trial

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