Constitutional Law II - Bill of Rights Section 1

Question 1

What is the Bill of Rights?

Answer 1

The Bill of Rights refers to the enumeration of rights and privileges which the Constitution protects.

Question 2

What are the kinds of rights?

Answer 2

Inherent / Human Rights
- civil, political, economic, social,
cultural
- Check UN ICCPR

Constitutional Rights
- Conferred by the Constitution
- Include inherent rights

Statutory Rights
- Dependent upon the existence of a statute
- Example Benefits granted under the Labor Code

Question 3

What is the Doctrine of Hierarchy of Rights?

Answer 3

Life Liberty and Property

Question 4

Can the right to property be relinquished upon the command of the state?

Answer 4

Yes, it can be relinquished upon the command of the state for the promotion of the public good.

Question 5

What is the nature of the provisions under Art. III of the 1987 Constitution?

Answer 5

It is presumed that all provisions of the constitution are self executing unless expressly provided

Question 6

Who can avail the Bill of
Rights provisions of the
1987 Constitution?

Answer 6

PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters

Question 7

Against whom shall the Bill of Rights provisions of the 1987 Constitution enforceable?

Answer 7

It can only be directed against the government and its law enforcement agencies.

Question 8

What does Sec 1, Art II, 1987 Constitution provides?

Answer 8

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 laws.

Question 9

Can the state deprive a person of life, liberty, or property?

Answer 9

Yes, it can with the due process of the law

Question 10

What is “due process”
of law?

Answer 10

“Due process of law” is a process or proceedings according to the law of the land.

Question 11

Who can avail the
right to due process?

Answer 11

PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters

Question 12

Against whom is the
right to due process
enforceable?

Answer 12

It is enforceable to the government of the republic of the Philippines and also each and every one of its branches, agencies etc.

Question 13

What is substantive due process

Answer 13

Substantive due process looks to whether there is a sufficient justification for the governments action to take away a person’s life, liberty or property.

Question 14

What is the void for vagueness doctrine?

Answer 14

The void-for-vagueness doctrine states that “a statute which either forbids or
requires the doing of an act in terms so vague that men of common
intelligence must necessarily guess at its meaning and differ as to its
application, violates the first essential of due process of law.”13

Question 15

What is the overbreadth doctrine?

Answer 15

The overbreadth doctrine, on the other hand, decrees that “a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.”

Question 16

What is the rationale
for publication of
laws?

Answer 16

to not deny the public knowledge of the laws that are supposed to govern.

Question 17

What is procedural due process?

Answer 17

It is the procedure that government should follow before it deprives a person’s life, liberty or property.

Question 18

What is the essence of procedural due process?

Answer 18

The essence of procedural process is embodied in the basic requirement and a real oppurtunity to be heard.

Question 19

What are the
requirements of due
process in a judicial
proceeding?

Answer 19

(1) There must be a court or tribunal clothed with judicial power to
hear and determine the matter before it; (2) jurisdiction must be lawfully acquired
over the person of the defendant or over the property which is the subject of the
proceeding; (3) the defendant must be given an opportunity to be heard; and
(4) judgment must be rendered upon lawful hearing.

Question 20

What are the requirements of due process in an administrative proceeding?

Answer 20

(1) The first of these rights is the right to a hearing, which includes the right of the
party interested or affected to present his own case and submit evidence in support
thereof.

(2) Not only must the party be given an opportunity to present his case and to adduce evidence
tending to establish the rights which he asserts but the tribunal must consider the evidence
presented.

(3) “While the duty to deliberate does not impose the obligation to decide right, it does imply a
necessity which cannot be disregarded, namely, that of having something to support it is a
nullity, a place when directly attached.”

(4) Not only must there be some evidence to support a finding or conclusion

(5) The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected

(6) The Court of Industrial Relations or any of its judges, therefore, must act on its or
his own independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision.

(7) The Court of Industrial Relations should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know the various
issues involved, and the reasons for the decision rendered. The performance of this
duty is inseparable from the authority conferred upon it.

Question 21

What are the requirements
of due process in the
academe?

Answer 21

(1) the students must be informed in writing of the nature and cause of any accusation against them;

(2) they shall have the right to answer the charges against them, with the assistance of counsel, if
desired;

(3) they shall be informed of the evidence against them;

(4) they shall have the right to adduce evidence in their own behalf; and

(5) the evidence must be duly considered by the investigating committee or official designated by
the school authorities to hear and decide the case.

Question 22

Sec. 1, Art. XIII, 1987 Constitution

Answer 22

The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.

Question 23

Sec. 2, Art. XIII, 1987 Constitution

Answer 23

The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

Question 24

Sec. 3, Art. XIII, 1987 Constitution

Answer 24

The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for
all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.

Question 25

Sec. 3, Art. XIII, 1987 Constitution

Answer 25

The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and growth.

Question 26

Sec. 10, Art. XII, 1987 Constitution

Answer 26

The Congress shall, upon recommendation of the economic and planning agency, when
the national interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such citizens, or such
higher percentage as Congress may prescribe, certain areas of investments. The Congress
shall enact measures that will encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.

Question 27

Sec. 10, Art. XII, 1987 Constitution

Answer 27

In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.

Question 28

Sec. 2(2), Art. XII, 1987 Constitution

Answer 28

The State shall protect the nations marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
xxx
xxx
xxx

Question 29

Sec. 11, Art. III, 1987 Constitution

Answer 29

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

Question 30

Sec. 5(5), Art. VIII, 1987 Constitution

Answer 30

The Supreme Court shall have the following powers:
Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

Question 31

Sec. 14, Art. II, 1987 Constitution

Answer 31

The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

Question 31

Is the right to equal
protection of laws part of
the right to due process?

Answer 31

The equal protection of the laws is embraced in the concept of due process, as every
unfair discrimination offends the requirements of justice and fair play.

Question 31

Sec. 26, Art. II, 1987 Constitution

Answer 31

The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.

Question 32

Why is there a separate
provision of equal protection of laws under the
Constitution?

Answer 32

It has nonetheless been embodied in a separate clause in Article III Sec. 1., of the
Constitution to provide for a more, specific guaranty against any form of undue
favoritism or hostility from the government

Question 33

What is meant by “equal
protection of the laws”?

Answer 33

Similar subjects, in other words, should
not be treated differently, so as to give undue favor to some and unjustly discriminate
against others.

Question 33

Does “equal protection of
the laws” require universal
application of all laws?

Answer 33

The equal protection clause does not require the universal application of the
laws on all persons or things without distinction. This might in fact sometimes
result in unequal protection, as where, for example, a law prohibiting mature books to
all persons, regardless of age, would benefit the morals of the youth but violate the
liberty of adults. What the clause requires is equality among equals as
determined according to a valid classification. By classification is meant the
grouping of persons or things similar to each other in certain particulars and different
from all others in these same particulars.

Question 34

When is “classification”
considered as valid in
relation to “equal
protection of the laws”?

Answer 34

1. The classification must rest on substantial distinctions;
2. The classification must be germane to the purpose of the law;
3. The classification must not be limited to existing conditions only; and
4. The classification must apply equally to all members of the same class.

Question 35

Does men and women have perfect identity of rights among all men and women?

Answer 35

It is well-settled that “equality before the law” under the
Constitution 15 does not import a perfect Identity of rights among all men and
women.

Question 36

Does being an elective official result in a substantial distinction that allows
different treatment? Is being a Congressman a substantial differentiation
which removes the accused-appellant as a prisoner from the same class as
all persons validly confined under law?

Answer 36

We, therefore, find that election to the position of Congressman is not a
reasonable classification in criminal law enforcement. The functions and
duties of the office are not substantial distinctions which lift him from the
class of prisoners interrupted in their freedom and restricted in liberty of
movement. Lawful arrest and confinement are germane to the purposes of
the law and apply to all those belonging to the same class.

Question 37

Against whom is the “equal
protection of the laws”
clause directed?

Answer 37

The equal protection clause is aimed at all official state actions, not just those
of the legislature.79 Its inhibitions cover all the departments of the government
including the political and executive departments, and extend to all actions of a state
denying equal protection of the laws,