Bill of Rights Flashcards
Bill of Rights
Charter of liberty. The declaration and enumeration of a person’s basic rights and privileges which the constitution is designed to protect against government violations
Natural Rights
Rights possessed by every citizen without being granted by the state, given to man by God as a human being created to His image, so that he may live a happy life
Constitutional Rights
Rights conferred and protected by the constitution, cannot be modified or taken away by the law-making body
Statutory Rights
Rights provided by laws promulgated by the law-making body, may be abolished by them as well
Political Rights
Citizen rights giving them the power to participate, directly or indirectly in the establishment or government administration
Civil Rights
Rights which the law will enforce at the instance of private individuals for the purpose of securing the enjoyment of their means of happiness
Social and Economic Rights
Rights intended to insure the well-being and economic security of the individual
Rights of the Accused
Civil rights intended for the protection of a person accused of any crime
Article III 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
Due Process
Fair treatment through the judicial system. Fair and reasonable methods of procedure described by law
Procedural Due Process
Method/Manner by which the law is enforced. Requires a procedure which hears before it condemns. Proceeds upon inquiry and renders judgment after trial
Substantive Due Process
Requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just
Life
Something more than mere animal existence
Liberty
Embraces man’s right to use his faculties with which he has been endowed by his Creator
Property
Thing itself/ right over a thing. Right to own, use, transmit, and even to destroy subject to the right of the state and of other persons
Deprivation of Life
Refers not merely to the extinction of human life, but to the loss of any of the various physical and mental attributes
Deprivation of Liberty
When one is unduly prevented from acting the way he wishes
Deprivation of Property
Not necessarily a property being physically taken away, but also when a property’s value is destroyed or its adaptibility to some particular use, or its capability for enjoyment is impaired
Equal Protection of the Laws
All persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed
Article III Section 2
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches abd 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.
Search Warrant
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
Warrant of Arrest
Written order commanding to arrest a person designated, to take him into custody in order that he may be bound to answer for the commission of an offense
Probable Cause
Such fact 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
Persons
Embraces all persons within the territorial jurisdiction of the Philippines, regardless of race, color, nationality, including aliens
Article III 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 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
Right of Privacy
The right to be left alone, the right of a person to be free from undesired publicity, disclosure of his communication and correspondence, right to live without unwarranted interference by the public in matters eith which the public is not necessarily concerned
Article III Section 4
No law shall be made, abridging the freedom of speech, of expression, or of the press, or the right of people peaceably to assemble and petition the government for redress of grievances
Freedom of speech, expression, and of the press
The right to freely utter, and publish whatever one pleases without previous restraint and subsequent punishment/ sanction
Speech and Expression
Any form of oral utterances
Press
Covers every sort of publication
Subject to regulation by the State
The rights of freedom of expression are subject to some regulation by the state in order that it may not be injurious to the right of the community or society
Subject one to liability when abused
Anyone who slanders or libels another may be penalized. Lewd and obscene speech is not entitled to constitutional protection
Fighting Words
Words that by their very utterance, injure and provoke others to attack
Clear and present danger rule
Freedom of speech abridgement can be justified only where there exists substantial danger that the speech will likely lead to an evil the government has the right to prevent
Application of Rule
How substantial the danger must be and immediate the evil results depends upon the nature of the interest threatened
Right of Assembly
The right on the part of citizens to peaceably for consultation in respect to public affairs
Right of Petition
The right of any person/group of persons to apply without fear of penalty to the appropriate branch or office of the government for redress of grievances
Article III Section 5
No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise of 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
Religious Freedom
Right of man to Worship God and to entertain such religious views as appeal to his individual conscience without dictation or interference by any person/power, civil or ecclesiastical
Religion
All forms of belief in the existence of superior beings and imposing rules or conduct with future state of rewards/punishments. One’s views of his relations to his creator
Aspects of Religious Freedom
- The separation of Church and State secured in the first sentence of the provision
- The freedom of religious profession and worship secured in the 2nd sentence of the provision
Article III 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
Liberty of abode and travel
Right of a person to have his home in whatever chosen by him and thereafter change it at will. Right of a person to go where he pleases, without interference from any source
Section III 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 limitation as may be provided by law
Article III Section 8
The right of the people, including those employed in the public and private associations or societies for purposes not contrary to law shall not be abridged
Right to Form Associations etc.
Freedom to organize or to be a member of any group or association, union, or society, and to adopt the rules which the members judge most appropriate to achieve their purpose
Article III Section 9
Private property shall not be taken for public use without just compensation
Government Powers
Eminent Domain
Police Powers
Taxation
Eminent Domain
Right/ power of the state/ of those to whom the power has been lawfully delegated to take private property for public use upon paying to the owner a just compensation to be ascertained according to law
Police Powers
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
Taxation
Power of the State to impose charge or burden upon persons, property, or property rights and for the use and support of the government and to enable it to discharge its appropriate functions
Article III Section 10
No law abridging the obligations of a contract shall be passed
Obligation of a Contract
Law or duty which binds the parties to perform their agreement according to its terms or intent
Article III 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
Miranda Rights
- The right to be informed of his right to remain silent
- The right to have competent and independent counsel preferably of his own choice or to be provided with one
- The right against the use of torture, force, threat, intimidation, or any other means which vitiates the free will
- The right against being held in secret, solitary, incommunicado, or other similar forms of detention
Due Process of Law in Criminal Cases
- The accused must be tried before a competent court.
- The accused must be given a fair and impartial trial.
- The accused must be allowed the use of any legal means and opportunity to defend himself
Arraignment
Made in open court by the judge or clerk, and consists in furnishing the accused a copy of the complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not
The stage where the accused, for the first time, is granted the opportunity to know the precise charge that confronts him
Writ of Amparo
Judicial Remedy that provides speedy relief to protect the people’s right to life, liberty, and security in cases involving enforced disappearances or extrajudicial killings, or threats thereof.
Writ of Habeas Corpus
Order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place and to show sufficient cause for holding in custody the individual so detained
Article III 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.
Article III Section 16
All persons shall have the right to a speedy disposition of their cases before all judicial, quasijudicial, or administrative bodies
Article III Section 17
No person shall be compelled to be a witness against himself
Article III 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
Double Jeopardy
The prosecution of a person twice for the same offense
Right against double jeopardy
When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense
Article III Section 22
No ex-post fact law or bill attainder shall be enacted
Ex Post Facto Law
1) Makes an act done before the passage of a law, innocent when done, criminal, and punishes such act
2) Aggravates a crime or makes it greater than when it was committed
3) Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed
4) Alters the legal rules of evidence, and receives less testimony from what the law required at the time of commission of the offense, in order to convict the offender
