Sie sind auf Seite 1von 24

CONCEPT OF A BILL OF RIGHTS

It is a declaration and enumeration of a persons rights and privileges which the


Constitution is designed to protect against violation 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.
CONCEPT OF A BILL OF RIGHTS
A bill of rights may be 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.
Its basis is the social importance accorded to the individual in the democratic or
republican state, the belief that every human being has intrinsic dignity and worth which
must be respected and safeguarded
CLASSES OF RIGHTS
The rights that a citizen of a democratic state enjoys may be classified into:
1. Natural rights- They are those rights possessed by every citizen without being granted by
the State for they are given to man by God as a human being created to His image so that
he may live a happy life. Ex. Right to life and right to love
2. Constitutional rights- They are those rights which are conferred and protected by the
Constitution. Since they are part of the fundamental law, they cannot be modified or
taken away by the law making body
3. Statutory rights- They are those rights which are provided by laws promulgated by the
law making body and, consequently, may be abolished by the same body. Ex. right to
receive minimum wage and right to inherit property.
CLASSIFICATION OF CONSTITUIONAL RIGHTS
The rights secured by the Constitution may be classified as follows:
1. Political rights- They are such rights of the citizens which give them the power to
participate, directly or indirectly, in the establishment or administration of the
government. Ex. right of citizenship, right of suffrage and the right to information on
matters of public concern.
2. Civil rights- They are those rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of their means of

happiness. Ex. rights against involuntary servitude, liberty of abode, freedom of speech,
of expression or of the press.
3. Social and economic right- They include those right s which are intended to insure the
well-being and economic security of the individual. Ex. right to property, right to just
compensation for private property taken for public use.
4. Rights of the accused- They are the (civil) rights intended for the protection of a person
accused of any crime, like the right to presumption of innocence, right to a speedy ,
impartial, and public trial , and the right against cruel , degrading, or inhuman
punishment .
CLASSES OF RIGHTS
1. Natural Rights those possessed by every citizen without being granted by the State for
they are given to man by God as human being created to His image that he may live a
happy life.
2. Constitutional Rights conferred and protected by the Constitution.
3. Statutory Rights provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political Rights the power to participate directly or indirectly in the establishment or
administration of the government.
2. Civil Rights a law which secures private individuals for the purpose of securing
enjoyment of their means of happiness.
3. Social and Economic Rights intended to insure the well being and economic security
of an individual.
4. Rights of the Accused intended for the protection of a person accused of any crime.
STATE AUTHORITY AND INDIVIDUAL FREEDOM
1.
2.
3.
4.

State, an instrument to promote both individual and social welfare.


Conflict between individual rights and group welfare.
Balancing of individual and group rights and interests.
Role of the Judiciary.

SECTION 1, ARTICLE III (BILL OF RIGHTS) of the 1987 Philippine Constitution

NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT


DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED THE EQAUL
PROTECTION OF THE LAWS.
I. Due Process Clause
II. Equal Protection Clause
DUE PROCESS CLAUSE
-Protection from any unlawful/unreasonable deprivation or denial of life, liberty or
property by the State.
Note: Deprivation per se is not necessarily unconstitutional. What is prohibited is
deprivation of life, liberty or property without due process of law.
-It is basically a guarantee against any arbitrariness on the part of the government.
SOME DEFINITIONS OF DUE PROCESS OF LAW:
-According to Justice Fernando of the Supreme Court
responsiveness to the supremacy of reason, obedience to the dictates of justice
-According to Justice Frankfurter of the U.S. Supreme Court
the embodiment of the sporting idea of fair play
COVERAGE OF PROTECTION:
1. All Persons within the territorial jurisdiction (whether citizens or aliens, natural or
artificial)
-in the case of artificial persons, only in so far as their property is concerned.
2. Life
-includes not only the life of the person but includes the integrity of the physical person
or security of ones limb against physical harm.
3. Liberty
-what is protected is a liberty regulated by law. Liberty or freedom to do any act but only
in such a manner as not to injure the rights of others.
Ex. Freedom of expression cannot be used to destroy anothers reputation.
-includes the right of man to use or enjoy his faculties in all lawful ways, to live and work
where he will; to earn his livelihood in any lawful calling; to pursue any avocation

-According to Justice Laurel, the chief elements of the guaranty are:


-Right to labor, right to contact, right to choose ones employment, and right to
locomotion.
4. Property
-includes anything that can come under the right of ownership and be the subject of
contract. (real, personal, tangible, intangible properties)
DUAL ASPECT:
1. Substantive Due Process
2. Procedural Due Process
SUBSTANTIVE DUE PROCESS
-refers to the intrinsic validity of the law which interferes with the rights of a person to
his life, liberty or property.
-the inquiry here is whether the law is a proper exercise of legislative power.
Requirements:
1. Lawful subject - the law must have a valid governmental objective. It must be intended
for a public purpose.
Ex. Interest of the general public generally, as distinguished from those of a
particular class
2. Lawful means the objective must be pursued in a lawful manner. The means
employed must be reasonably necessary to the accomplishment of the purpose and not
unduly oppressive.
PROCEDURAL DUE PROCESS
-understood as a guarantee of procedural fairness.
-it contemplates the need for notice and an opportunity to be heard before judgment is
rendered.
-the essence of due process of law was expressed by Daniel Webster in his arguments
before the U.S. Supreme Court in the Dartmouth College Case as a law which hears
before it condemns, which proceeds upon inquiry and renders judgment only after trial.
JUDICIAL DUE PROCESS (PROCEDURAL DUE PROCESS IN JUDICIAL PROCEEDINGS)
Requirements:

1. An impartial court or tribunal clothed with judicial power to hear and determine the
matter before it.
2. Jurisdiction lawfully acquired over the person of the defendant and/or over the
property which is the subject matter of the proceeding.
3. Defendant must be given an opportunity to be heard.
4. The judgment must be rendered based upon a lawful hearing previously conducted.
ADMINISTRATIVE
DUE
PROCESS
ADMINISTRATIVE PROCEEDINGS)

(PROCEDURAL

DUE

PROCESS

IN

Requirements: (Ang Tibay vs. Court of Industrial Relations)


1. Right to a hearing, which includes the right to present ones case and submit evidence
presented
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. The evidence must be substantial.
5. The decision must be based on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges 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 board or body 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
reason for the decision rendered.
EQUAL PROTECTION CLAUSE
A guaranty against any form of unfair discrimination, undue favoritism or unwarranted
partiality from the government.
Simply means that all persons or things similarly situated should be treated alike, both as
to rights conferred and responsibilities imposed. (Similar subjects should not be treated
differently, so as to give undue favor to some and unjustly discriminate against others)
Coverage of the protection: same with those of the Due Process Clause
-The clause does not require the universal application of the laws, that is, that it operates
on all the people without distinction because it may result in unequal protection. (ex. Law
requiring military service of all citizens)
The legislature is allowed to classify the subjects of legislation.
Classification has been defined as the grouping of persons or things similar to each other
in certain particulars and different from all others in these same particulars. (ex. Minors

are similar to each other in that they are below 18 years of age, and it is in this particular
that they differ from adults)
Requirements for a valid classification:
1. Based on substantial distinctions.
2. Germane to the purposes of the law.
3. Not limited to existing conditions only.
4. Apply equally to all members of the same class.
SUBSTANTIAL DISTINCTIONS
-based on substantial not superficial differences (color of skin, length of hair,etc.)
-certain physical differences of persons in some cases can be the basis of a valid
classification like the minimum requirement concerning height and weight in connection
with applications as members of the PNP or NBI
GERMANE/RELEVANCE TO THE PURPOSES OF THE LAW
-Illustration: A law that classifies people into male and female (based on physical
stamina) and prohibits the employment of any female to work as miners or in other heavy
or strenuous work would be constitutional. However, a law that uses that same
classification in order to prescribe a lower passing rate for females than males in the bar
exams violates this guaranty.
NOT LIMITED TO EXISTING CONDITIONS ONLY
-classification must be applicable not only to present conditions but also to future
conditions.
APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS
-classification would be invalid if all members of the same class are not similarly treated,
both as to rights conferred and obligations imposed.
-It is not necessary that the classification be made with absolute symmetry, in the sense
that the members of the class should possess the same characteristics in equal degree.
Substantial similarity will suffice.
Note: Both the Due Process Clause and the Equal Protection Clause are couched in
indefinite language. The purpose of the intentional ambiguity to provide for a more
adjustability to the swiftly moving facts of our changing society.

SEC. 2: THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS,


HOUSES, PAPERS, AND EFFECTS AGAINST UNREASONABLE SEARCHES AND
SEIZURES OF WHATEVER NATURE AND WHATEVER 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 WITNESS HE MAY PRODUCE AND PARTICULARLY
DESCRIBING THE PLACE TO BE SEARCHED AND THE PERSONS OR THINGS TO
BE SEIZED.
MEANING OF SEARCH WARRANT AND WARRANT OF ARREST
1.

Search warrant 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 a certain personal property and bring it before the court.

2.

Warrant of arrest a written order to arrest a person designated to take him in


custody in order that he may be bound to answer for the commission of an
offense.

SCOPE OF PROTECTION
1.

Persons applies to every citizen of the Philippines including aliens whether


accused of crime or not. Corporations are also entitled to the protection.

2.

Houses 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 include sealed letters and packages in the mail which may be
opened and examined only in pursuance of a valid search warrant.

WHEN SEARCH AND SEIZURE UNREASONABLE


In general, all illegal searches and seizures are unreasonable while lawful ones are
reasonable.That constitutes a reasonable or unreasonable search or seizure in any
particular case is a purely judicial question (i.e., only courts are empowered to rule upon),
determinable from a consideration of the circumsrtances involved.
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT OF ARREST
1.

Issued upon probable cause.

2.

The probable cause must be determined personally by the judge himself.

3.

Such determination of the existence of probable cause must be made after


examination by the judge of the complainant and the witnesses he may produce.

4.

Must particularly describe the place to be searched and the persons or things to be
seized.

MEANING OF PROBABLE CAUSE


such facts and circumstances antecedent to the issuance of a warrant sufficient in
themselves to induce cautious man to rely upon them and act in pursuance thereof.
It presupposes the introduction of competent proof that the party against whom a warrant
is sought to be issued has performed particular acts, or committed specific omissions,
violating a given provision of our criminal laws.
SUFFICIENCY OF AFFIDAVIT UPON WHICH WARRANT IS BASED
1. Test of sufficiency affidavit the true test of sufficiency of an affidavit to warrant
issuance to a search warrant is whether it had been drawn in a manner that perjury could
be charged thereon and affiant be held liable for damages caused in case his declaration
are found to be false.
2. Basis of affidavit must be based on personal knowledge or information.
SUFFICIENCY OF DESCRIPTION
1. Place A description of the place to be searched is sufficient if the officer with a
search warrant can, with reasonable effort, ascertain and identify the place intended.
2. Person As a rule, a warrant of arrest for the apprehension of an unnamed party upon
whom it is to be served is void except those cases where it contains a description of the
person or such as will enable the officer to identify the accused.
3. Property is required to be specific only in so far as the circumstances will ordinarily
allow.
RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURE, PERSONAL
1. Proper party to invoke right the legality of search and seizure can be contested only
by the party whose personal rights were involved.
2. Right subject to waver Without proper search warrant, no public official has the
right to enter the premises of another without his consent for the purpose of search and
seizure.

WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT


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

Where there is consent or waiver.


Where search is an incident to a lawful arrest.
In the case of contraband or forfeited goods being transported.
The possession of articles prohibited by law is disclosed to plain view or is open
to eye and hand.
As an incident of inspection, supervision and regulation in the exercise of police
power.
Routinary searches usually made at the border or at ports of entry in the interest of
national security and for proper enforcement or customs and immigration laws

WHEN ARREST MAY BE MADE WITHOUT WARRANT


1.
2.
3.

When, in his presence, the person to be arrested has committed, is actually


committing, or is attempting to commit an offense.
When an offense has in fact just been committed and has been personal
knowledge of facts indicating that a person to be arrested has committed it.
When a person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred.

SEC. 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 THE
LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING
SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
MEANING OF RIGHT OF PRIVACY
The right to be left alone.
BASIS AND PURPOSE OF THE RIGHT
1.
2.

Right existing in the state of nature.


Right designed to secure enjoyment of ones private life.

RELATIONSHIP WITH RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES


1.

Aspect of right to be secure in ones person.

2.

Privacy of communication and correspondence

LIMITATIONS ON THE RIGHT OF PRIVACY OF COMMUNICATIONS


1.

2.

Permissible interference.
a. Upon lawful order of the court; or
b. When public safety or order requires otherwise as prescribed by law.
Intervention of the court.

EVIDENCE ILLEGALLY OBTAINED


1.
Inadmissible any evidence obtained in violation of the right against
unreasonable search and seizures and the right to privacy and communication.
2.
Reason its exclusion is the only practical way of enforcing the constitutional
guarantees.
3.
Right of owner the owner has the right that the articles seized be returned.
MEANING OF WRIT OF HABEAS DATA
is a judicial remedy available to any individual whose right to privacy in life, liberty, or
security is violated or threatened by an unlawful act or omission of a public official or
employee or of a private individual or entity engaged in gathering, collecting, or storing
of data or information regarding the person, family, home, and correspondence of the
aggrieved party.
PURPOSE OF THE WRIT
to secure the privacy of an individual by way of regulating the processing of personal
information or data about him.
HOW WRIT OPERATES
Any aggrieved party may file a petition in court for the writ of habeas data. The court
shall issue the writ which shall be served upon the respondent who shall file a written
return under oath with supporting affidavits.
SEC. 4: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 REDRESS OF
GRIEVANCES.
MEANING OF FREEDOM OF SPEECH, AND EXPRESSION, AND OF THE PRESS
The right to freely utter and publish whatever one pleases without previous restraint,
and to be protected against any responsibility for so doing as long as it does not violate
the law, or injure someones character, reputation, or business.
SCOPE OF FREEDOM OF EXPRESSION

All forms of communication are entitled to the broad protection of the freedom of expression
clause. Including:
1.
2.
3.
4.
5.
6.

Free speech and free press


Freedom of assembly
Freedom of petition
Freedom of religion
Right of association or the right to form associations
Right to religious freedom

SCOPE OF TERMS SPEECH, EXPRESSION, AND PRESS


These include every form of expression, whether oral or written, tape or disc recorded. It
also includes movies, symbolic speech (like wearing an arm band as a sign of protest),
and peaceful picketing.
Speech and expression cover any form of oral utterances such as protests as
expression of opinion about subjects of public concern. They cover picketing for by it
one silently expresses what he has in mind, display of a flag, and salute to the flag. They
also embrace expression by means of motion picture.
The press covers any sort of publications as instruments for mass communication. The
press covers every sort of publications: newspapers, periodicals, magazines, books,
handbill, leaflets, etc. Radio and television as instruments of mass communication may
also be included within this term.
IMPORTANCE OF THE GUARANTEE
1. Promotes growth of the individual and the nation.
2. Makes possible scrutiny of acts and conduct of public officials.
3. Insures a responsive and popular government.
AVAILABILITY
The constitutional right guaranteeing the freedom of expression is available only against
government intrusion.
However, an action for damages pursuant to Article 32 of The Civil Code can be raised
by an aggrieved party against another private individual.
DUAL ASPECTS OF FREEDOM OF EXPRESSION
1. Freedom from Censorship or Prior Restraint

This refers to the official governmental restrictions on the press or other forms of
expressions in advance of actual publication or dissemination. It is freedom from
government censorship of publications, whatever the form of censorship, and regardless
of whether it is wielded by the executive, judicial, or legislative branch of the
government.
TESTS AND LIMITATIONS ON THE PROHIBITION OF PRIOR RESTRAINT
Freedom of expression is not absolute since it is always subject to the police power of the
State.
Generally, prior restraint on speech is invalid unless such restraint meets the burden of
proof necessary to uphold its validity. This burden of proof depends whether the restraint
is in the form of content-based regulations or content-neutral regulations.
a. Content-Based Regulations
- Restraint is aimed at the message or idea of the expression
- Usually imposed because of the fear of how the people will react to a particular
speech
- Bear a heavy presumption of constitutional invalidity
- Test for validity is the Strict Scrutiny Test
- Will be tested for possible overbreadth and vagueness
- Must overcome the present and danger rule
b. Content-Neutral Regulations
- Restraint aims to regulate the time, place, and manner of the expression in public
places without any restraint on the content of the expression (see the Public
Assembly Act of 1985)
- Test for validity is the Intermediate Approach or the OBrien Test:
A government regulation is justified if
1. It is within the constitutional power of the government
2. It furthers a substantial or important government interest
3. The government interest is unrelated to the suppression of free expression
4. The incident restriction on the alleged freedom of expression is no greater
than is essential to the furtherance of that interest
- Only a substantial government interest is required for its validity
2. Freedom from Subsequent Punishment
This is a limitation on the power of the State to impose punishment after publication
or dissemination
DOCTRINES APPLIED TO FREE SPEECH CASES
1. Facial Challenge

This is allowed to be made to a vague statute and one that is overbroad because of the
possible chilling effect upon protected speech. This operates only in the area of
freedom of expression.
2. Overbreadth Doctrine
A governmental purpose may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedoms.
TEST FOR VALID GOVERNMENTAL INTERFERENCE TO FREEDOM OF EXPRESSION
1. Clear and Present Danger Rule
Inquires whether the words are used in such circumstances and of such nature as to create
a clear and present danger that will bring about the substantive evil that the State has the
right to prevent.
2. Dangerous Tendency Rule
A person could be punished for words uttered or ideas expressed which create a
dangerous tendency, or which will cause or bring about the substantive evil that the State
has the right to prevent. It is sufficient if the natural tendency or the probable effect of the
utterance be to bring about such substantive evil.
3. Balancing of Interest Rule
A principle which requires the court to consider the circumstances in each case, and
thereafter, it shall settle the issue which right demands greater protection.
HECKLERS VETO
It involves situations in which the government attempts to ban protected speech because
it might provoke a violent response. In such situations, the mere possibility of a violent
reaction to protected speech is not a constitutional basis on which to restrict the right to
speak.
MEANING OF RIGHT OF ASSEMBLY AND RIGHT OF PETITION
1. The right of assembly means the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs
2. The right of petition means the right of any person or group of persons, to apply
without fear of penalty to the appropriate branch or office of government for redress of
grievances.
Notes on Assembly and Petition

The right to assemble is not subject to prior restraint and may not be conditioned
upon prior issuance of permit or authorization from the government
But the right must be exercised in such a way that will not prejudice public
welfare
To justify limitations on the freedom of assembly the clear and present danger
rule must be satisfied
The applicant for permit to hold assembly should inform the licensing authority of
the date when, the public place where, and the time when it will take place
If it is a private place, only the consent of the owner or of the one entitled to its
possession is required
The application should be filed ahead of time to enable the concerned public
official to appraise whether or not to grant the permit
Clear and present danger test is the standard for the decision reached

Permit for public assembly is not required if the meeting is to be held in


1. Private place
2. The campus of a government-owned or operated educational institutions
3. Freedom Park
(The Public Assembly Act of 1985 or B.P. 880)
B.P. 880 is a content-neutral regulation for it does not ban public assemblies but simply
regulates the time, place, and manner of assembly
RELATIONSHIP WITH FREEDOM OF SPEECH AND OF THE PRESS
1. Complement of right of free speech.
2. Application of clear and present danger rule.
SEC. 5: 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.
MEANING OF RELIGIOUS FREEDOM
- 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.
MEANING OF RELIGION

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.
THREE PRINCIPAL PARTS OF SECTION 5
1. Non-establishment Clause (First sentence)
2. Free Exercise Clause (Second sentence)
3. Non-religious Test Clause (Third sentence)
NON-ESTABLISHMENT CLAUSE
It prohibits the State from passing laws which aid one religion, aid all religions, or prefer
one religion over another
Scope
-

State cannot set up a church


Cannot pass laws which aid one religion, aid all religions, or prefer one religion
over the other
Cannot influence a person to go to or remain away from the church against his
will
Force him to profess a belief or disbelief in any religion

Tests to determine when there is no violation of the establishment clause


-

Statute has purely secular purpose


Its principal or primary effect is one that neither advances nor inhibits religion
it does not foster an excessive government entanglement with religion

Tests applied by courts in determining violations against the non-establishment clause


1. Strict Neutrality
- Examines only whether government action is for a secular purpose and does not
consider inadvertent burden on religious exercise; a rigid reading of the principle
separation between church and state
2. Benevolent Neutrality
- Looks further than the secular purposes of the government action and examines
the effects of these actions on religious exercise; the Philippines adheres to this
FREEDOM OF RELIGIOUS BELIEF AND WORSHIP/FREE EXERCISE CLAUSE
Dual Aspects
1. Freedom to believe it is absolute as long as it is confined in the realm of
thoughts
2. Freedom to act on ones belief it is subject to regulation where the belief is
translated into external acts that affect the public welfare

Tests in Determining Free Exercise Clause Violations


1. Clear and Present Danger Test
When words are used in such circumstance and of such nature as to create a clear
and present danger that will bring about the substantive evil which the State has
the right to prevent
2. Compelling State Interest Test
a. Determines whether respondents right to religious freedom has been
burdened, and
b. Ascertain respondents sincerity in his religious belief
CONSCIENTIOUS OBJECTOR TEST
Requisites
1. There must be a belief in God or some parallel belief that occupies a central place in
the believers life
2. The religion must involve a moral code that transcends individual belief (i.e., it
cannot be purely subjective
3. A demonstrable sincerity in the belief but the court must not inquire into the truth and
reasonableness of the belief
4. There must be some associational ties although there is also a view that religious
beliefs held by a single person rather than being part of the teachings of any kind of
group or sect are entitled to the protection of the Free Exercise Clause
ASPECTS OF RELIGIOUS FREEDOM
1. The separation of Church and State.
2. The freedom of religious profession and worship.
FREEDOM OF RELIGIOUS PROFESSION AND WORSHIP
1. Freedom to believe in a religion.
2. Freedom to act in accordance with such belief.
RIGHT TO DISSEMINATE RELIGIOUS BELIEFS
1. Relationship with right to believe.
2. Justification for restraint of right.
LICENSE FEE OR TAX ON SALE OF RELIGIOUS ARTICLES
1. Permission or condition for exercise of right.
2. Imposition of financial burden after exercise of right.

RELIGIOUS TEST PROHIBITED


1. Meaning of terms
a. A religious test is one demanding the avowal or repudiation of a certain religious
beliefs before the performance of any act. Without the prohibition of a religious test, the
State could accord preference to a religious organization.
b. The expression of civil political rights (supra) is to be understood as including the
individual right safeguarded by the Constitution and statutory laws.
REASON FOR PROVISION
Without such prohibition, religious freedom becomes meaningless. The State without
such a bar, notwithstanding the doctrine of its separation from the Church, could in fact
accord preference to a religious organization.
SEC. 6: THE LIBERTY OF ABODE AND OF CHANGING THE SAME WITHIN THE
LIMIT PRESCRIBED BY LAW SHALL NOT BE IMPAIRED EXCEPT UPON LAWFUL
ORDER OF THE COURT. NEITHER SHALL THE RIGHT TO TRAVEL BE IMPAIRED
IN THE INTEREST OF NATIONAL SECURITY, PUBLIC SAFETY OR PUBLIC
HEALTH, AS MAY BE PROVIDED BY LAW.
MEANING OF LIBERTY OF ABODE AND TRAVEL
It 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 of any
source.
An individual can be prevented from travelling under two types HDO and WLO which
can be issued by the Secretary of Justice.
Hold Departure Order can be issued against (a) an accused in criminal cases under the
jurisdiction of the Regional Trial Courts and even (b) against aliens whose presence is
required either as respondents or as witnesses.
PERIODS OF VALIDITY
The HDO is valid for five (5) years from issuance while the WLO is good for sixty (60)
days (Section 4).
LIFTING AND CANCELLATION HOLD DEPARTURE ORDER
1.

When the validity period of the HDO has already expired;

2.

When the accused subject of the HDO has been allowed to leave the country during
the pendency of the case, or has been acquitted of the charge, or the case in which
the warrant/order of arrest was issued has been dismissed or the
warrant/order of
arrest has been recalled;
3. When the civil or labor case or case before an administrative agency of the
government wherein the presence of the alien subject of the HDO/WLO has
been
dismissed by the court or by appropriate government agency, or the alien
has been
discharged as a witness therein, or the alien has been allowed to
leave the country.
THE WLO MAY BE LIFTED OR CANCELLED UNDER ANY OF THE FOLLOWING
GROUNDS:
1. When the validity period of the WLO has already expired;
2.
When the accused subject of the WLO has been allowed by the court to leave the
country during the pendency of the case, or has been acquitted of the
charge;
3.
When the preliminary investigation is terminated, or when the petition for review,
or motion for reconsideration has been denied and/or dismissed.
All applications for lifting/cancellation of HDOs/WLOs must be under oath and
accompanied by certified true copies of the documentary evidence in support of the
ground relied upon.
Any HDO/WLO issued by the Secretary of Justice either on his own or upon request of
government functionaries/offices mentioned in Sections 1 and 2 of the Circular, when the
adverse party is the Government or any of its agencies or instrumentalities, or in the
interest of national security, public safety or public health, may be lifted or recalled
anytime if the application is favorably indorsed by the government
functionaries/offices who requested the issuance of the aforesaid HDO/WLO. (Section 5)
LIMITATIONS ON THE RIGHT
1. Permissible interference. The right is qualified by the clauses except upon lawful
order of the court and except in the interest of the national security, and public safety
or public health as may be provided by law.
2. Intervention of the court. Note that under the second limitation, a court order is not
necessary. The determination of the proper executive officer (President) is subject to
judicial reviews.
A person whose liberty of abode is violated may petition for a writ of habeas corpus
against another holding him in detention.

SEC. 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 LIMITATIONS AS MAYBE PROVIDED BY LAW.
The right to access to information are cognate rights, resting on the premise that informed
citizens are in the best position to promote, protect and defend the values of a democratic
society.
there can be no doubt as to the constitutionality of any law making refusal to give
information or denial of access thereto a punishable offense.
RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN
1. Access to official records for exercise of right.
2. Arguments in support of right.
3. Constitutionally or validity of implementing law.
SCOPE OF THE RIGHT
1. The right embraces all public records.
2. It is limited to citizens only but is without prejudice to the right of aliens to have
access to records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may be provided by law.
Aquino-Sarmiento v. Moratothe court held that official acts of public officers don in pursuit of their official functions
are public in character; hence, the records pertaining to such official acts and decisions
are within the ambit of the constitutional right of acess to public records.
- the essence of democracy lies in the free-flow of thought; but thoughts and ideas must
be well-informed so that the public would gain a better perspective of vital issues
confronting them and, thus, be able to criticize as well as participate in the affairs of the
government in a responsible, reasonable and effective manner. Certainly, it is by
ensuring
an unfettered and uninhibited exchange of ideas among a well-informed public
that a government remains responsive to the changes desired by the people. (Chaves v. PCGG,
December 9, 1998)
RESTRICTIONS TO THE RIGHT OF INFORMATION
In Chavez v. PCGG, the Supreme Court enumerated the recognized restrictions to the
the people to information on matters of public concern, as follows:

right of

1.
2.
3.
4.

National security matters and intelligence information


Trade or industrial secrets
Criminal Matters
Other confidential information

THE ETHICAL STANDARDS ACT (RA 6713)


Diplomatic correspondence
Closed Door Cabinet meetings and executive sessions of either house of Congress as well as the
Internal deliberations of the Supreme Court
-

Privileged information rooted in separate of powers


Trade secrets and banking transactions
Information affecting national security including state secrets regarding military
and diplomatic matters, inter-government exchanges prior to the conclusion of
treaties and executive agreements.
Information on investigations of crimes by law enforcers before prosecution
Offers exchanged during diplomatic negotiations

MEANING OF WRIT OF HABEAS DATA


The writ of habeas data is a judicial remedy available to any individual whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission
of a public official or employee or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
PURPOSE OF THE WRIT
The writ, together with the writ of habeas corpus, and writ of Amparo completes the legal
armory and remedy of a citizen against violations and threats to his rights to life, liberty,
security, and information
SEC. 8: 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.
MEANING OF 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.
PURPOSE OF GUARANTEE

1. Undoubtedly, the purpose of the constitutional guarantee is to encourage the


formation of voluntary associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the government may there
by receive assistance in its ever-increasing public service activities.
2. By enabling individuals to unite in the performance of tasks, which singly they would
be unable to accomplish, such associations relieve the government of a vast burden.
The writ of habeas data is a judicial remedy available to any individual whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission
of a public official or employee or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
The writ, together with the writ of habeas corpus, and writ of Amparo completes the legal
armory and remedy of a citizen against violations and threats to his rights to life, liberty,
security, and information.
SEC. 9: PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE WITHOUT
JUST COMPENSATION.
ESSENTIAL OR INHERENT POWERS OF GOVERNMENT
General Principles:
The inherent powers of the State are
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
EMINENT DOMAIN
- the inherent right of the State to take private property for public welfare with just
compensation.
What is the nature of the right of Eminent Domain and the limitations thereof?
-It is an ultimate right of the sovereign power
-It is fundamental to the independent existence of a State, it requires no recognition by
the Constitution as being merely confirmatory of its presence and being regulatory.
WHAT ARE THE LIMITATIONS OF THE POWER?
1. Taking of the private property must be for public use;
2. Just compensation must be given to the private owner of the property

Similarities
1. Inherent in the State, exercised even without need of express constitutional grant.
2. Necessary and indispensable; State cannot be effective without them.
3. Methods by which State interferes with private property.
4. Presuppose equivalent compensation.
5. Exercised primarily by the LEGISLATURE.
Distinctions
1. PP regulates both liberty and property; ED and PT affect only property rights.
2. PP and PT are exercised only by the government; ED may be exercised by private
entities.
3. Property taken in PP is usually noxious or intended for a noxious purpose and may thus
be destroyed; while ED and PT, the property is wholesome and devoted to public use or
purpose.
4. Compensation in PP is the intangible, altruistic feeling that the individual has contributed
to the public good; in ED, it is the full and fair equivalent of the property taken; while in
PT, it is the protection given and/or public improvements instituted by government for the
taxes paid.
WHO MAY EXERCISE THE POWER?
The power is inherently vested in the legislature. However, Congress may validly
delegate this power to the President, to administrative bodies, and to lawmaking bodies of
local government units.
May the owner of the property expropriated still dispose of that property before the payment of
just compensation? When does title over the property expropriated pass to the expropriator?
It is only upon payment of just compensation that title over the property passes to the
government.
Therefore, until the action for expropriation has been completed and terminated,
ownership over the property being expropriated remains with the registered owner.
Consequently, the owner can exercise all rights pertaining to an owner, including the
right to dispose of his property, subject to the power of the State ultimately to acquire it
through expropriation. ( Republic v Salem Investment Corporation June 23, 2000)
SEC. 10: NO LAW IMPAIRING THE OBLIGATION OF CONTRACTS SHALL BE
PASSED.
MEANING OF OBLIGATION OF A CONTRACT

-is 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.
SCOPE OF TERMS LAW AND CONTRACT
1. The law, the enactment of which is prohibited, includes executive and administrative
orders of the President, administrative orders issued by heads of departments, and
ordinance enacted by local governments.
2. The contract, the obligation of which is secured against impairment under the
Constitution, includes contracts entered into by the government.
PURPOSE OF NON-IMPAIRMENT PROHIBITION
The prohibition is intended to protect creditors, to assure the fulfillment of lawful
promises, and to guard the integrity of contractual obligations.
FREEDOM TO CONTRACT NOT ABSOLUTE
The freedom of contract is necessarily limited by the exercise of the police power of the
State in the interest of general welfare and especially in view of the explicit provisions in
the Constitution with reference to the promotion of social justice.
SEC. 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.
CONSTITUTIONAL 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 performed of the nature and cause of the accusation against him.
10. The right to have a speedy, impartial, and public trial.
11. The rights to meet the witnesses face to face.

12. The right to have compulsory process to secure the attendance of 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; and
18. The right against double jeopardy.
REASONS FOR CONSTITUTIONAL SAFEGUARDS
1. A criminal case, an unequal contest.
2. Criminal accusation, a very serious matter.
3. Protection of innocent, the underlying purpose.
RIGHT TO FREE ACCESS TO THE COURTS OF QUASI-JUDICIAL BODIES.
RIGHT TO ADEQUATE LEGAL ASSISTANCE.