Bill of rights Flashcards
Rights that belong to every citizen of the state or country, to all its inhabitants and are not connected with the organization or administration of government.
Civil Rights
Right to participate, directly or indirectly, in the establishment of government.
Political Rights
“A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.”
Due Process
All persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Natural and juridical persons are entitled to this guarantee, but with respect to artificial persons, they enjoy the protection only insofar as their property is concerned.
EQUAL PROTECTION OF THE LAWS
It may be invoked only by the person entitled to it (Stonehill v. Diokno). As such the right may be waived (Lopez v Commissioner of Customs) either expressly or impliedly (People v. Malasugui) but the waiver must be made by the person whose right is invaded, not by one who is not duly authorized to effect such waiver. (People v. Damaso)
The Right is Personal
Probable cause is defined as the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Probable cause need not be based on clear and convincing evidence of guilt, or on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt, but it certainly demands more than bare suspicion and can never be left to presupposition, conjecture, or even convincing logic. (Cuasay v. Sandiganbayan, G.R. Nos. 227282-87, September 21, 2022)
Preliminary Investigations
The Court has established the following requisites for a valid search warrant:
(1) it must be issued based on a finding of probable cause;
(2) probable cause must be determined personally by the judge;
(3) the judge must examine under oath or affirmation the complainant and the witnesses he or she may produce; and
(4) the warrant must particularly describe the place to be searched and the persons or things to be seized. (People v. Mamino, G.R. No. 257213, August 31, 2022)
Search Warrants
In People v. Tee, it was held that the requirement is primarily mean to enable the law enforcers serving the warrant to:
1.Readily identify the properties to be seized and thus prevent them from seizing the wrong items; and
2.Leave said peace officers with no discretion regarding the articles to be seized and thus prevent unreasonable searches and seizures.
Particularity of descriptions
Search of house, room, or premises, to be made in presence of two witnesses.
— No search of a house, room or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his [or her] family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.
Sec. 8, Rule 126 of the Rules of Court provides:
Rule 113 of the Revised Rules of Criminal Procedure provides for the circumstances under which a warrantless arrest is lawful, viz.:
Warrantless Arrests
is a form of entrapment in which the violator is caught in flagrante delicto and the police officers conducting the operation are not only authorized but duty-bound to apprehend the violator and to search him for anything that may have been part of or used in the commission of the crime.
Buy-bust operation
Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon, “Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holders refusing to be searched shall not be allowed to board the aircraft,” which shall constitute a part of the contract between the passenger and the air carrier.
Searches of passengers at airports
A checkpoint search may either be a mere routine inspection, or it may involve an extensive search. For a mere routine inspection, the search is normally permissible when it is limited to a mere visual search, where the occupants are not subjected to a physical or body search.
Checkpoint search
On the other hand, when the ___________ and subjected to an extensive search, It would be constitutionally permissible only if the officers conducting the search had reasonable or probable cause to believe, before the search that either the motorists is a law offender or they will find the instrumentality of evidence pertaining to a crime in the vehicle to be searched.
vehicle is stopped
In People v. Barros, the silence of the accused was not construed as consent; rather, it was a “demonstration of regard for the supremacy of the law. In this case the warrantless search was declared invalid because there was no showing of any circumstance which constituted probable cause for the peace officers to search carton. Neither did the officers receive any information or “tip-off” from an informer; nor did they contend that they detected the odor of dried marijuana.
No waiver
authorizes the seizure and presentation as evidence of objects that fall in the “plain view” of an officer “who has a right to be in the position to have that view.” For the successful invocation of the doctrine, the prosecution must satisfy the following requirements:
(a) the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which [they] can view a particular area;
(b)the discovery of the evidence in plain view is inadvertent; and
(c)it is immediately apparent to the officer that the item [they observe] may be evidence of a crime, contraband[,] or otherwise subject to seizure.
Plain view doctrine
In People v. Aruta, the Court invalidated the search and seizure made on a woman “Aling Rose”, who, upon alighting from a bus, was pointed out by the informant. The Supreme Court declared that in a search and seizure as an incident to a lawful arrest, it is necessary for probable cause to be present, and probable cause must be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed. In this case, the accused was merely crossing the street and was not acting in any manner which would engender a reasonable ground to believe that she was committing or about to commit a crime.
Invalid Search and Seizure
Evidence obtained in violation of Sec. 2, Art. III, shall be inadmissible for any purpose in any proceeding, because it is the ” fruit of the poisoned tree.”
Exclusionary Rules
This right must always be applied in light of the special characteristics of the school environment. While the Campus Journalism Act provides that a student shall not be expelled or suspended solely on the basis of articles he or she has written, the same should not infringe on the school’s right to discipline its students
Right of students to free speech in school premises not absolute
If the assembly is to be held in a public place, a permit for the use of such place, and not for the assembly itself, may be validly required. But the power of local officials in this regard is merely one of regulation, not prohibition. (Prmicias v. Fugoso)
Assembly in a public place
In Imbong v. Ochoa, on the challenge to the constitutionality of a number of provisions in R.A. 10354, otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012, the Supreme Court admitted that it cannot determine whether or not the use of contraceptives or participation in support of modern RH measures is ;
a.Moral from a religious standpoint; or
b.Right or wrong according to one’s dogma or belief.
However, the Court has the authority to determine whether the law contravenes the constitutional guarantee of religious freedom.
The RH Law Controversy
In Villavicencio v. Lukban, the “deportation” of some 170 women of ill repute to Davao on orders of the Mayor of Manila was held unlawful.
Art. 13. Universal Declaration of Human Rights, and Art. 12 Covenant on Civil and Political Rights, provide that everyone has the right of freedom of movement and residence within the border of each State.
Liberty of abode and travel
Interest of national security;
Public safety;
Public Health.
Limitations on right to travel
1.The hold departure order is but an exercise of the respondent court’s inherent power to preserve and maintain the effectiveness of its jurisdiction over the case and over the person of the accused;
2.By posting bail, the accused hold herself amenable at all times to the orders and processes of the court, thus, she may be legally prohibited from leaving the country during the pendency of the case.
Lawful Order
