ARTICLE IIIBill of Rights

*Composed of 22 sections• Protection against abuse of power and limits the vast

powers of the government• Directed against the State and does not govern the

relationship between private persons.• Rights are not absolute, meaning, they have

limitations in their exercise.

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”?• According to Daniel Webster, it is a “law which hears before it condemns;

which proceeds upon enquiry, and renders judgment only after trial”.• It contemplates notice and opportunity to be heard before judgment is

rendered.

Life, liberty or property

• The Constitution gives to property the same degree and quality of protection that it gives to life and liberty.

• “You take my life, when you do take the means whereby I live.”- SHYLOCK

• One’s employment, profession or trade is a protected property.

Limitation of the right

Life: when the law imposes the death penaltyLiberty: imprisonment of convicted criminalsProperty: when the power of eminent domain is exercised by the government

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.

What is a search warrant and a warrant of arrest?

SEARCH WARRANT

• Issued only by a judge• Issued upon probable cause• Expires in 10 days• It must particularly describe the

place to be searched and the things to be seized

• Must be issued for only 1 offense

WARRANT OF ARREST

*Issued only by a judge*Issued upon probable cause• Does not expire unless the person

named in the warrant is actually arrested or put into the custody of the law

• It must name the person and/or describe him with particularity

ARREST OF AN ACCUSED

Search Warrant defined

• 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 a certain personal property and bring it before the court.

Warrant of arrest defined

• A written order to arrest a person designated in order that he may be bound to answer for the commission of an offense or crime.

Probable Cause, meaning

• It 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.

ASSIGNMENT TO BE SUBMITTED NEXT MEETING:

• 1. When can an arrest be made without a valid warrant of arrest?

• 2. When can search and seizure be made without a search warrant?

Limitation of the right under sec.2.

• Valid warrant of arrest or search warrant and their exceptions.

Sec. 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.(2) Any evidence obtained in violation of this or the preceding section shall be

inadmissible for any purpose in any proceeding.

• The right to privacy is the right to be left alone.• Correspondence- the activity of writing letters or e-mails to

someone (exchange of letters)• It is a right designed to secure enjoyment of one’s private life.• R.A. 4200 “Anti Wire-tapping Act ”penalizes wire-tapping and

other violations of the privacy of communications.

Evidence illegally obtained

• 1. Inadmissible- it cannot be used in any court of law or any proceedings, judicial or administrative.

• 2. Reason- practical way of enforcing this constitutional guarantee. Payment of damages is not sufficient protection against violation of the bill of rights

• 3. Right of owner- evidence inadmissible, therefore, the owner has the right to recover the articles seized or that they be returned except if the said items are illegal per se like prohibited drugs and unlicensed firearms.

Sec. 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.

• Coverage:• 1. free speech• 2. free press(every sort of publication:

newspapers, periodicals, magazines, books, leaflets and may also include radio and television.

• 3. rights of assembly• 4. right of petition- redress of grievances to the

government or any of its branch

Sec. 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 right.

• RELIGIOUS FREEDOM• -is the right of a man to worship God.• RELIGION• -includes all forms of belief in the existence of superior beings

exercising power over human beings• LIMITATION OF THE RIGHT: the exercise of religion must not be

contrary to law like healing through prayer and religious rites for commercial purposes.

Some of existing religions in the Philippines

1. Catholic2.Iglesia ni Cristo (INC)3. Seventh-Day Adventist Church (Sabadista)4. Philippine Independent Church 5. Jehovah’s Witnesses6. Protestantism And many more……

Religious Test Prohibited

A religious test is one demanding the avowal or repudiation of certain religious beliefs before the performance of any act. Therefore, religious affiliation cannot be a qualification of public officials or of voters. Religion cannot be a qualification for securing a particular job.

Sec. 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.

The liberty of abode (residence) and travel is the right of a person to have his home in whatever place chosen by him and thereafter change it at will, and to go where he pleases, without interference from any source.Limitation: when there is a court order stopping you from leaving the country or in the interest of national security, public safety or public health.

Sec. 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.

• Known as the people’s “right to information” and go hand in hand with Art. II sec. 28. which mandates policies of full public disclosure by the State of all its transactions involving public interest.

• Limitation: confidential records involving national security and those declared by law as confidential records like income tax returns under our tax laws and certain army records.

Sec. 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.

The “right to form associations” is the freedom to organize or be a member of any group or association, union, or society, and to adopt rules which the members judge most appropriate to achieve their purpose.The right to join an association includes the right to leave the same and the right not to join any group.Limitation: “purposes not contrary to law”

Sec. 9. Private property shall not be taken for public use without just compensation

• 3 Essential or Inherent Powers of the Government:

1. Power of eminent domain(Sec.9, ART.III)2. Police Power3. Power of Taxation-they are all legislative in character, meaning, laws must be passed to exercise these powers- There can be no effective government without them

Power of eminent domain

• It is the right or power of the State or of those to whom the power has been lawfully delegated to take (or expropriate) private property for (1)public use upon (2) paying the owner a just compensation to be ascertained according to law.

• Public use - means that it will be used for “public benefit” or that it is a “public utility”.

• Payment of just compensation- Under the Local Government Code, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property. The government will have an assessor to determine the value of the private property.

• Expropriation Proceedings- a court process wherein the owner is given due notice and hearing

POLICE POWER

• It has been referred to as the power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people.

LATIN MAXIM AS ITS BASIS“Salus populi suprema est lex”- the welfare of the people is the supreme law

Examples of police power laws:1. Public health- regulation of the medical profession; segregation of lepers; maternity leave for women

..

• 2. Public Morals- laws punishing vagrancy and prostitution; prohibiting gambling

• 3. Public safety- license for the rigjht to drive a motor vehicle; requiring compulsory military service; demolition of buildings declared to be a fire hazard

• 4. General welfare and convenience- compulsory registration of lands; authorizing removal of billboards offensive to sight; regulating prices of commodities and rents of houses

Power of Taxation

• It is the power of the State to impose a charge or burden upon person, property, or property rights, for the use and support of the government and to enable it to discharge its functions.