Bill Of Rights Flashcards
Article III of the 1987 Philippine Constitution
Bill of Rights
The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.
Constitution
establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State.
Art. III, Bill of Rights
is the authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare (PASEI v. Drilon G.R. No. 81958 June 30, 1988).
Police Power
is the power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner’s consent, conditioned upon payment of just compensation ( Brgy. Sindalan v CA G.R. No. 150640 March 22, 2007)
Eminent Domain
It is a necessary burden to preserve the State’s sovereignty and a means to give the citizenry an army to resist an aggression, a navy to defend its shores from invasion, a corps of civil servants to serve, public improvement designed for the enjoyment of the citizenry and those which come within the State’s territory, and facilities and protection which a government is supposed to provide (Phil Guaranty Co. v. CIR G.R. No. L-22074 April 30, 1965).
Taxation power
Rights of the people in general
- Due process
- Equal Protection of Law
- Right against unreasonable searches and seizures
- Privacy Communication
- Freedom of Speech
- Freedom to Religion
- Right to Liberty to Abode
- Right to Information
- Right to Association
- Right to Just Compensation
- Non impairment of contract
- Right to judicial system
- Right to speedy disposition of cases
- Freedom from debtors prisons
- Right to Bail
- Right to be presumed innocent
- Right against self-incriminations
- Right against political persecution
- Rights against involuntary servitude
- Rights against excessive fines
- Right against degrading punishment
- Right against double jeopardy
- Right against retroactive law
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. (Section 1)
Due process
It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable.
Life
the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose one’s employment, the right to labor etc.
Liberty
refers to anything that can come under the right of ownership and be subject of contract.
Property -
hears before it condemns and renders judgment only after trial.
Due Process of Law -
The manner or procedure which must be followed in the enforcement or application of law.
Procedural Due Process –
This means that the law to be applied is valid, just and not arbitrary.
Substantive Due Process
all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed.
Equal Protection of Law –
is the grouping of persons or things similar to each other in certain particulars and different from all others in these same particulars (Int’l harvester v. Missouri 234 US 199).
Classification
Equal Protection
Valid Classification; requirements:
- It must be based on (1);
- It must be (2) to the purpose of the law;
- It must not be limited to (3) only; and
- It must apply equally to (4) of the class (People v. Cayat 68 Phil 12).
- substantial distinctions
- germane
- existing conditions
- all members
Equal Protection
Sample Case : If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law?
Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income.
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 (1), 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. (Section 2)
1.inviolable
The purpose of this provision is to protect the privacy and the sanctity of the person and of his house and other possessions (papers, documents, effects, etc.) found therein against (2) by agents of the state.
- Right against unreasonable search and seizure
2. arbitrary intrusions
is an order in writing, issued in the name of the people of the Republic 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.
Search Warrant –
A Valid Search Warrant and warrant of Arrest must have (1)
- Probable Cause
means there are facts and circumstances attending the issuance of warrant sufficient to induce a prudent and cautious judge to rely on them.
Probable Cause –
The Probable Cause must be determined personally by the (*).
*judge
must particularly describe the place to be searched, or the person or things to be seized.
The Warrant
Search and Seizures can be made without Warrant under the following instances:
•When there is consent or waiver
•Where search is an incident to a lawful arrest
When an officer making the search has reasonable cause to conduct it in a vehicle believed to be containing contraband or forfeited goods – because the vehicle can get away before a warrant is secured.
•When the possession of articles prohibited by law is disclosed to plain view (plain view search)
that is if a Peace Officer has been granted consent to enter the premise of another for the purpose of search and seizure;
When there is consent or waiver
– say, a pickpocket caught in flagrante delicto, can be searched for his loot;
Where search is an incident to a lawful arrest
Inspection conducted by Health and Sanitary inspectors in restaurants in the exercise of “state police power” in view of enforcing laws on public health or by labor inspectors of companies acting on a complaints of its workers for possible violation of labor laws and the Bureau of Internal Revenue examiner of financial records of companies, (*) The same is true of routinary searches made at the border or ports of entry in the interest of national security
need not have warrant.
A private individual can arrest a criminal even without a warrant.
“CITIZEN ARREST” -
Warrantless Arrest is allowed under the following circumstances:
Flagrante Delicto (Caught in the Act);
•Hot Pursuit Operation;
•Arrest of Fugitive.
- Person to be arrested has committed, is actually committing, is attempting to commit an offense;
- Such commission is in the presence of the arresting individual;
- Arresting individual has personal knowledge of such commission.
Flagrante Delicto (Caught in the Act)
takes effect when a crime has just in fact been committed and the arresting officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it.
Hot Pursuit – Hot Pursuit Arrest
Factors to be considered in Hot Pursuit Arrest:
- Time Element –
* Personal Knowledge –
that an offense has just been committed, which connotes an immediacy in point of time.
Time Element –
that the arresting officer or individual must have probable cause based on personal knowledge of fact or circumstances that the person to be arrested has committed the crime.
Personal Knowledge –
When a person to be arrested is a prisoner who 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.
Arrest of Fugitive –
Evidence obtained in violation of the right against unreasonable search are not admissible in evidence for being a (*)
“fruit of a poisonous tree.”
doctrine can only be invoked by individuals against an officer or agent of the state (People v Marti).
Fruit of the Poisonous Tree
•To deter law enforcement from violating peoples’ rights against unreasonable searches and seizures conducted by government officers nor agents of the state.
Purpose of the Fruit of the Poisonous Tree Doctrine:
shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. (Section 3)
The privacy of communication and correspondence
Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should (*)
•But this right can be lawfully suspended upon order of the court if the safety and security of the people is (**).
- intrude upon
* at stake
•A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is (*) as evidence in court due to the privacy of communication (**) in the Philippine Constitution.
- not acceptable
* * enshrined
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 (*). (Section 4)
redress of grievances
means an individual is free to speak or utter whatever he wants without prior restraint.
Freedom of Speech –
refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included.
Speech and expression
Freedom of speech and expression and freedom of the press are collectively called (*)
Freedom of Expression
means an individual is free to write, publish, and circulate whatever he pleases without restraint.
Right to a Free Press
refers mainly to peaceful demonstrations related to public affairs.
Freedom of Assembly
to take up one’s grievances with government without fear of persecution.
The Right of Petition
Limitations to Freedom of Speech •Severe (*); •Anything (**) •Anything that provokes (***); • (****) messages (*****)
- calumny
- *lewd or obscene;
- **violence or disorder
- ***Seditious
- **Clear and present danger” -
if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic.
Clear and present danger
Forms of Calumny
Libel and slander
untruthful information/character assassination in written, and using print or broadcast media.
Libel
spoken untruthful information / character assassination.
Slander
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 5)
Freedom to Religion
This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is ((*) from criminal suit.
not immune
the state has no official religion
Corollary
The state shall not endorse any religion/religious preference
•(*) shall not be a prerequisite for political rights
•Affirms the separation of Church and State
Religion
The liberty of abode and of changing the same within the limits prescribed by law shall not be () except upon lawful order of the court. Neither shall the right to travel be () except in the interest of national security, public safety, or public health, as may be provided by law. (Section 6)
impaired
The State not lawfully stop anyone from travelling from one place to another except when interest of national security, public safety, or public health, as may be provided by law
Right to liberty to abode
The right of the people to information on matters of (*) 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 7)
public concern
Right of access to information
•Public records
•Refers mainly to citizens but extends to aliens in some cases
•Legal restrictions may apply (e.g. matters of national security)
Right to information
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.
Right to Association
Freedom to form associations
•i.e. the right to organize
•So long as the association is not contrary to the law
Right to Association
shall not be taken for public use without just compensation. (Section 8)
Limitation on the power of eminent domain
Private property
The right to private property •Explicit limitation to the power of eminent domain •Public use •Just compensation: fair market price •Due process of law
Right to Just Compensation
No law impairing the obligation of contracts shall be passed.
(Section 9)
Non impairment of contract
to safeguard the integrity of contracts against unwarranted interference by the State. As a rule, contracts should not be tampered with by subsequent laws that would change or modify the rights and obligations of the parties.
The purpose of the non-impairment clause is
Non impairment of contracts
•It includes (*) enacted by the national legislature, executive orders and administrative regulations promulgated under a valid delegation of power, and municipal ordinances passed by the local legislative bodies.
statutes
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 10)
Right to judicial system
required now to all lawyers, except government lawyers (with certain positions)
Pro-bono cases –
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Section 16)
Right to speedy disposition of cases
No person shall be imprisoned for debt or non-payment of a poll tax. (Section 20).
- Ensures one is not punished due to (*)
- State power should not be used to (**) payment of debts
Freedom from debtor’s prison
- poverty
- *coerce
•No one could be compelled to pay a debt under pain of criminal sanctions
(estafa is a different matter)
•No one could also substitute the payment of debt through imprisonment or other criminal penalties
(subsidiary imprisonment is also another matter).
is a cedula
A poll tax
Rights of the accused under the Constitution
1.Miranda Rights
(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 (*). (Section 12)
in writing and in the presence of counsel
Right of Accused
(2) No (*), 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.
torture, force, violence, threat, intimidation
Right to Accused
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be () in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of (() of torture or similar practices, and ()
- inadmissible
- *victims
- **their families.
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient (*), or be released on (**) 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 13)
- sureties
* recognizance
(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 (*) 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. (Section 14)
*presumed innocent
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.
Trial in Absentia
The privilege of the writ of habeas corpus shall not be suspended except in cases of (*), when the public safety requires it.
invasion or rebellion
An order issued by a court to a person detaining another, to produce the body of the prisoner at a certain time and place, and to show sufficient cause for holding in custody the individual.
“to bring the body”
•Writ of Habeas Corpus -
No person shall be compelled to be a witness against himself. (Section 17
Right against self-incrimination
The right or the privilege against self-incrimination is the one of the established rights of any human being who is under (*) investigation, whether formal or informal.
*civil, criminal or administrative
The right against self-incrimination (*) the government from (**) any person to give testimonial evidence that would likely incriminate him or her during a present or subsequent criminal case.
forbids
**compelling
This right enables an accused to refuse to testify at a criminal trial and privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in a present or even future criminal proceedings, for the simple reason that (*)
no person can be compelled to be a witness against himself.
(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 18)
Right against political persecution
A person cannot be arrested because of political party affiliation or voted for.
is working for someone else against your will for their benefit (a form of slavery).
Involuntary servitude
Right against involuntary servitude
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall 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. (Section 19)
Right against excessive fines
(2) The employment of physical, psychological, or degrading punishment against any (*) or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
prisoner or detainee
No person shall be twice put in (*) 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 21)
jeopardy
Right against double jeopardy
x x x (1) [A] first jeopardy must have attached prior to the second; (2) the first jeopardy must have been validly terminated; (3) the second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the offense charged in the first information, or is an attempt to commit the same or is a frustration thereof.
To substantiate a claim for double jeopardy, the following must be demonstrated:
No ex post facto law or bill of attainder shall be enacted.
Right against Retroactive law
is defined as one which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act.
Ex post facto law - “after the fact
•The prohibition against the passage of an ex post facto law, expressed in the legal maxim (*) (there is no crime, where there is no law punishing it), is embodied in Art. (**) of the Revised Penal Code which states that:”[n]o felony shall be punishable by any penalty not prescribed by law prior to its commission.”
- nullum crimen, nulla poena sine lege
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