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BILL OF RIGHTS

A set of prescriptions setting forth the fundamental civil and political rights of the individual, and
imposing limitations on the powers of government as a means of securing the enjoyment of
those rights.
Defined as a declaration and enumeration of a persons rights and privileges which the
Constitution is designed to protect against violations by the government, or by individual or
groups of individuals.
It is a charter of liberties for the individual and a limitation upon the power of the State

CLASSIFICATION OF RIGHTS
1. Natural rights they are those rights possessed by every citizen without being granted by the
state for they are conferred upon him by God as human being so that he may live a happy life
(Example: right to love)
2. Constitutional rights they are those rights which conferred and protected by the
Constitution. Since they are part of the fundamental law, they cannot be modified or taken by
the law-making body
3. Statutory rights they are those rights which are provided by laws promulgated by the lawmaking body, and consequently , may be abolished by the same body (Example: Right to
inherit property)
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political rights granted by law to members of community in relation to their direct or indirect
participation in the establishment or administration of government (Example: right of
citizenship)
2. Civil rights rights which municipal law will enforce at the instance of private individuals, for
the purpose of securing them the enjoyment of their means of happiness (Example: liberty of
abode)
3. Social and economic rights this pertains to the right to self-determination, which is the right
to freely determine their political status and freely pursue their social and cultural development
(Example: right to just compensation)
4. Human rights rights that are inherent in our nature without which we cannot live as human
beings
5. Rights of the accused they are the rights intended for the protection of a person accused of
any crime (Example: right to presumption of innocence)
*Under the Constitution, a person may be deprived by the State of his life, liberty, or property
provided due process of law is observed*
DUE PROCESS OF LAW

That which hears before it condemns, which proceed upon inquiry and renders judgement only
after trial
If it is done under the authority of law that is valid or of the Constitution itself, and after the
compliance with fair and reasonable methods of procedure prescribed by law

ASPECTS OF DUE PROCESS

1. Substantive Due Process refers to the content of the laws that is passed for public interest
necessary for the enforcement which should be fair, reasonable, and just and not that as
oppressive.
2. Procedural Due Process refers to the method or manner by which the law is enforced
3. Administrative Due Process due process requires that the administrative body or officer
has general jurisdiction over the subject matter in dispute, and special jurisdiction over the
parties involve.
4. Valid Classification the Constitution permits, in fact it contemplates reasonable
classification. Where there are reasonable grounds for making a classification, personas or
their properties may be grouped into classes to each of which special legal rights or liabilities
may be attached.

EQUAL PROTECTION OF THE LAWS means that all persons shall be treated alike, under like
circumstances and conditions, both in the privileges conferred and in the liabilities imposed

SEARCH WARRANT is 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 certain personal
property and bring it before the court
WARRANT OF ARREST is a writ authorizing an officer to arrest or take a person into custody in
order that he may be bound to answer for the commission of an offense
ARREST is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense
SCOPE OF THE PROTECTION
1. Persons the protection applies to everybody, to citizens as well as aliens in the Philippines,
whether accused of crime or not
2. Houses the protection is not limited to dwelling houses but extends to a garage, warehouse,
shop, store, office, and even a safety deposit vault. It does not extend, however, to the open
spaces and fields belonging to one
3. Papers and effect they include sealed letters and packages in the mail which may be
opened and examined only in pursuance of a valid search warrant
PROBABLE CAUSE 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
JOHN DOE WARRANT a warrant for the apprehension of a person whose true name in unknown,
satisfies the constitutional requirement of particularity if there is some discriptio personae which will
enable the officer to identify the accused
GENERAL WARRANT is a warrant which does not particularly describe the place to be searched
or the persons or things to be seized. (This is illegal)

PLAIN VIEW DOCTRINE objects within the sight of an officer who has the right to be in the position
to have that view are subject to seizure and may be presented as evidence (open to the eye and
hand)
EXCLUSIONARY RULE evidence obtained in violation of Section 2, Article III, shall be inadmissible
for any purpose in any proceedings. It is known also as the Fruit of the Poisonous Tree.
RIGHT OF PRIVACY

It is a constitutional recognition that a person may communicate and correspond with each
other without the State having authority to pry into such communication and correspondence
except under certain condition
Is concisely defined as the right to be left alone
It has also been defined as the right of a person to be free from unwarranted publicity
And as the right to live without unwarranted interference by the public in matters with which the
public is not necessarily concerned

FREEDOM OF EXPRESSION

Is the right to freely form ideas and opinions, utter, publish or otherwise communicate and
transmit whatever one pleases without previous restraint and without being subsequently
punished for it as long as the expression does not violate the law, or injure someones
character, reputation, or business.
It also includes the right to circulate or disseminate what is published or produced

SPEECH means any form of written or oral communication, including symbolic language, or any
action intended to convey or communicate to others. It embraces picketing and any expression by
means of motion pictures
PRESS covers every kind of publication, newspapers, periodicals, magazines, books, handbills,
leaflets, etc. Radio, television, and electronic means of transmission and communication as
instruments of mass communication are included within this term
RIGHT OF ASSEMBLY means the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs
RIGHT OF PETITION means the right of any person or group of persons to apply, without fear of
penalty, to the appropriate branch office of the government for redress of grievances
PRIOR CENSORSHIP is meant that before any material could be published or printed it must first
be passed upon or reviewed by a government office or agency and only those approved for printing
or publication may be printed or published, whereas those not so approved may not be printed or
published

RELIGIOUS FREEDOM

Is the right of a man to worship God, and to entertain such religious views as appeal to his
individual conscience, without dictation or interference by any person or power, civil or
ecclesiastical
It is an individual freedom to adhere to such religious organization or form of worship as he
may choose

RELIGION

Is an organization in which one may affiliate as he believes in a superhuman power, the one
who created the universe
Includes all forms of belief in the existence of superior beings exercising power over human
beings and imposing rules of conduct with future state of rewards or punishments

FREEDOM TO BELIEVE IN A RELIGION everyone has absolute right to believe whatever he


wishes. A state may not compel a religious belief nor deny any person any right or privilege because
of his beliefs or lack of them
FREEDOM TO ACT IN ACCORDANCE WITH SUCH BELIEF is subject to regulation under police
power of the State if ones belief is inconsistent with public safety, morals, or general welfare of
society

LIBERTY OF ABODE AND TRAVEL is the right of a person to have his home in whatever place
chosen by him and thereafter to change it at will, and to go where he pleases, without interference
from any source
RIGHT OF DOMICILE it is a right by extra constitutional guaranties not to be made to change his
residence except in cases provided by law

PUBLIC CONCERN embraces subjects whom the public may want to know, either because these
directly affect their lives or simply because such matters arouse the interest of an ordinary citizen

RIGHT TO FORM ASSOCIATIONS is the 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

JUST COMPENSATION 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 owner
may contest in court the value determined by the assessor

OBLIGATION OF CONTRACT is defined as the law or duty which binds the parties to perform their
agreement according to its terms or intent, if it is not contrary to law, morals, good customs, public
order, or public policy

RIGHTS OF THE ACCUSED IN CRIMINAL CASES


1. The right to adequate legal assistance
2. The right, when under investigation for the commission of an offense, to be informed of his
right to remain silent and to have counsel
3. The right against the use of torture, force, violence, threat, intimidation or any other means
which vitiates the free will
4. The right against being held in secret, incommunicado, or similar forms of solitary detention
5. The right to bail and against excessive bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of the nature and cause of the accusation against him
10. The right to have a speedy, impartial, and public trial
11. The right to meet the witnesses face to face
12. The right to have compulsory process to secure the attendance of the witnesses and the
production of evidence in his behalf
13. The right against self-incrimination
14. The right against detention by reason of political beliefs and aspirations
15. The right against excessive fines
16. The right against cruel, degrading or inhuman punishment
17. The right against infliction of the death penalty except for heinous crimes
18. The right against double jeopardy

RIGHTS GUARANTEED TO THE ACCUSED


1.
2.
3.
4.
5.
6.
7.

Right to remain silent


Right to have competent and independent counsel preferably of his own choice
Right to be informed of such rights
Right to be provided with counsel, if the person cannot afford the services of the former
No force etc., which vitiate free will shall be used
Secret detention places, etc., are prohibited
Confessions/admission obtained in violation of rights are inadmissible in evidence

BAIL is the security required by a court and given for the provisional or temporary release of a
person who is in the custody of the law conditioned upon his appearance before any court as required
under the conditions specified

KINDS OF BAIL

1. Cash bond it is a money deposited by the accused in court for his temporary release that
once convicted in can be form part of payment to his civil liability incurred to the victim in a
criminal case
2. Surety bond it is a bond that is insured by a surety company engage in business to the court
of law with an interest to be paid by the accused while his case is pending before the court for
him to avail his temporary release
3. Property bond it is a bond in form of personal or real property to be deposited with the court
for an accused be temporarily released of his pending case before the court
4. Recognizance it is granted by the public officials to an accused assuring the court that the
accused will not flee until the case is being decided by the court of criminal jurisdiction
CAPITAL OFFENSE is an offense which, under the law existing at the time of its commission, and
at the time of the application to be admitted to bail
CAPITAL PUNISHMENT life imprisonment, reclusion perpetua, or death

CRIMINAL DUE PROCESS refers to the right of the accused to be heard by a court of competent
jurisdiction.

RIGHT TO PRESUMPTION OF INNOCENCE the accused is presumed innocent until the contrary
is proved. It is a guarantee that no person shall be convicted of a crime except upon confession or
unless his guilt is established by proof beyond reasonable doubt which is more than just a
preponderance of evidence sufficient to win in a civil case.
VOID-FOR VAGUENESS RULE accused is denied the right to be informed of the charge against
him, and to due process as well, where the statute itself is couched in such indefinite language that it
is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are
punished and, hence, shall be avoided.
SPEEDY one that can be had as soon after indictment, as the prosecution can with reasonable
diligence prepare for it
PUBLIC TRIAL it is not one to which the whole public is admitted, but it is one so far open to all so
that the prisoners friends on order to see if justice is intelligently and impartially administered, may
have an opportunity to do so
IMPARTIAL means trial is conducted without favoritism
WRIT OF HABEAS CORPUS is the right of a person who is detained by another, to have his body
brought to court so that the court can inquire into and determine the legality of his detention and to
order his immediate release if the court finds that there is no legal basis for such detention

RIGHT AGAINST SELF-INCRIMINATION

no person shall be compelled to be a witness against himself


Right to remain silent
The constitutional guarantee protects as well the right of the accused to silence, and his
silence, meaning, his failure or refusal to testify, may not be used as a presumption of guilt or
taken as evidence against him

INVOLUNTARY SERVITUDE is an enforced compulsory service made by one person against the
will of another
1. Slavery is a form of involuntary servitude where a person is owned by another and cannot
enjoy any of his rights
2. Peonage where the debtor is forced by the creditor to do a service against his will in
payment if his debts to the latter

DEBT any liability to pay money arising out of a contract, express or implied
1. Civil debt is a debt arising out of a contractual obligation to pay money
2. Criminal debt is one arising from a criminal offense
POLL TAX is a tax of a fixed amount imposed on individuals residing within a specified territory,
whether citizens or not, without regard to their property or the occupation in which they be engaged

RIGHT AGAINST DOUBLE JEOPARDY means that 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. The
guarantee protects against the peril of a second punishment as well as a second trial for the same
offense
EX POST FACTO LAW it is a law that punishing a previous act criminal through at the time was
committed it is not a crime. It has a retroactive punishment that is prejudicial to the rights of the
accused
BILL OF ATTAINDER is a legislative act which inflicts punishment without a judicial trial. It is
disallowed in our country considering the right of a person to due process.