Arcilla Mamangon

A declaration and enumeration of a persons

rights and privileges which the Constitution is designed to protect against violations by the government, or by an individual or groups of individuals. It is a charter or liberties for the individual and a limitation upon the power of the State.

 Natural rights 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. Constitutional rights rights which are conferred and protected by the Constitution. Part of the fundamental law; cannot be modified or taken away by the law-making body. Statutory rights rights which are provided by laws promulgated by the law-making body and, consequently, may be abolished by the same body.

 Political rights rights of the citizens which give them

the power to participate, directly or indirectly, in the establishment or administration of the government. Civil rights 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. Social and economic rights rights which are intended to insure the well-being and economic security of the individual. Rights of the accused (civil) rights intended for the protection of a person accused of any crime

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.

 Substantive due process requires the law

itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. Procedural due process method or manner by which the substantive law is enforced.

 Deprivation of life not merely to the extinction og

human existence; includes the loss of any of the various physical and mental attributes which man must have to live as a human being. Deprivation of liberty not necessary that a person be detained or confined. Liberty need not to be lost in its entirety. To the extent that one is unduly prevented from acting the way he wishes to do, there is a diminution of liberty. Deprivation of property not necessary that it be physically taken away from on entitled to it but also when its value is destroyed or its adaptability to some particular use, or its capability for enjoyment is impaired.

 Signifies that all persons subject to legislation

should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.

There is no denial of the protection where under the law (1) Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations. (2) Certain professions (e.g. sumo wrestling) are limited to persons of the male sex (3) Certain privileges for leaves and shorter hours of labor extended to women (by reason of the physical structure and maternal functions of women) are not extended to men (4) Preference is given to Filipino citizens (as against aliens) in the lease of public market stalls (5) Different professions are taxed at different amounts (6) Employment in factories of children under designated ages are prohibited.

 The prohibition contained in the guarantee of equal

protection (and due process of law) is a restraint on all the organs of the government and on the subordinate instrumentalities and subdivisions thereof, and on the three inherent powers of governments. The guarantee is available to all persons. Aliens are thus included; so are private corporations in so far as their property in concerned. But municipal corporations, being a creature of the State, cannot invoke the protection. It does not extend to rights which are political. It is also not extended to enforce social eqaulity.

 The right of the person to be secure in their

persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

 Search warrant 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 written order that commands the arrest of a person and take him into custody in order that he may be bound to answer for the commission of an offense.

 Persons the protection applies to everybody, to

citizens as well as aliens in the Philippines, whether accused of crime or not. Houses the protection is not limited to dwelling houses but extends to a garage, warehouse, shop, store, office, and even a safety deposit vault. 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.

 A search or seizure made without a search warrant is

not necessarily illegal, and one made under a search warrant is not necessarily legal. What constitutes a reasonable or unreasonable search or seizure in any particular case is a purely judicial questions (only courts are empowered to rule upon), determinable from a consideration of the circumstances involved.

It must be issued upon probable cause. 2. The probable cause must be determined personally by the judge himself. 3. Such determination of the existence of probably cause must be made after examination by the judge of the complainant and the witnesses he may produce. 4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.
1.

 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. Based on factual evidences and not just on suspicion.

 Test of sufficiency affidavit the true test of

sufficiency of an affidavit to warrant issuance of a search warrant is whether it had been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused in case his declarations are found to be false. Basis of affidavit the affidavit must be based on personal knowledge or information. It is insufficient if it is based on mere information from other people, or belief, or on mere hearsay.

 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. 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 in those cases where it contains a description of the person or such as will enable the officer to identify the accused. Property the description of the property is required to be specific only in so far as the circumstances will ordinarily allow.

 Proper party to invoke right the legality of a search

ans seizure can be contested only by the party whose personal rights were involved. Consequently, one who is not the owner, lessee or lawful occupant of premises searched cannot raise the question whether there has been an unlawful search or seizure. Right subject to waiver without a proper search warrant, no public officials has the right to enter the premises of another without his consent for the purpose of search and seizure.

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 by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant. Where, without a search, 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 the proper enforcement of customs and immigration laws.

When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense 2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it 3. When the person to be arrested is a prisoner who has 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.
1.

 (1) The privacy of communication and

correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

 Concisely

defined as the right to be left alone. It has also been defined as the right of a person to be free from undesired publicity, or disclosure and as the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned.

 Right existing in the state of nature the right to

privacy is considered as belonging to that class of rights which every human being possesses in his natural state and which he does not lose or surrender by becoming a member of organized society. Right designed to secure enjoyment of ones private life the right to privacy is accorded protection to secure the enjoyment by a person of his private life. Without the right, one cannot possibly live in peace and with self-respect and be truly happy.

 Aspect of right to be secure in ones person the

constitutional provision on the right of privacy complements or implements the security of the citizen against unreasonable searches and seizures. The right is but an aspect of the right to be secure in ones person. Privacy of communication and correspondence the right to privacy covers all intrusions or arbitrary interference into the private affairs of persons. It is much broader in scope than the right to privacy in communication.

 Permissible interference the right of privacy of

communication and correspondence or simply, the right to privacy of communication, is not violated when the interference is made (1) upon lawful order of the court or (2) when public safety or order requires otherwise as prescribed by law. Intervention of the court the first limitation must be interpreted in the light of the requirements for the issuance of a search warrant. The second limitation means that the right is subject to the police power of the State

 Inadmissible any evidence obtained in violation of the

right against unreasonable search and seizure and the right to privacy of communication and correspondence is inadmissible for any purpose in any proceeding, judicial or administrative. Reason the reason for the inadmissibility or evidence competent as such, which has been unlawfully acquired, is that its exclusion is the only practical way of enforcing the constitutional guarantees. Right of owner since evidence obtained illegally is not admissible, the owner has a right that the articles seized be returned, unless they are in themselves prohibited or forbidden by law such as illegal drugs, etc.

 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 of 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. The writ has for its purpose to secure the privacy of an individual by way of regulating the processing of personal information or data about him. It gives an individual the right to find out what information is being kept about him and what use and for what purposes such data are being collected.

 Any aggrieved party may file a petition in court for the

writ of habeas data. In cases of extra-legal killings and enforced disappearance, the petition may be filed by any member of the immediate family, or collateral relative of the aggrieved family within the fourth degree of consanguinity or affinity. The court shall immediately issue the writ which shall be served upon the respondent who shall file a written return (answer) under oath with supportive affidavits. The hearing on the petition shall be summary. If the allegations in the petition are proven, the court shall enjoin the act complained or order the deletion, destruction, or rectification of the data or information or documents if found to be erroneous or false; otherwise, the privilege of the writ shall be denied.

 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.

 Otherwise known as the freedom of

expression, implies 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.

 Freedom of expression includes the specific

guarantees of free speech and free press, the rights of assembly and petition, the right to form associations or societies not contrary to law, and the right to religious freedom. Speech and expression cover any form of oral utterances such as protests as expression of opinion about subjects of public concern, also embraces expression by means of motion pictures, etc. Press covers every sort of publications: newspapers, periodicals, magazines, books, radios, TVs, etc.

 Promotes growth of the individual and the nation if

man is not free to communicate his ideas to others, not only is his own moral and intellectual development stifled but his fellowmen are deprived of the benefit and stimulation which he might impart to them. Makes possible, scrutiny of acts and conduct of public officials No one can doubt the importance of the right: to canvass the acts of public men and the tendency of public measures, to censure boldly the conduct of rulers, and to scrutinize the policies and plans of the government. Insures a responsive and popular government It is only through free debate and free exchange of ideas that a government remains responsive to the will of the people and peaceful change if effected.

 Subject to regulation by the State the right of

freedom of speech and of the press is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society and exercised under the police power to promote or protect the public welfare. Subject one to liability when accused any one who slanders or libels another may be penalized. Lewd and obscene speech is not entitled to constitutional protection nor are fighting words, words that by their very utterance injure and provoke others to attack.

 Clear and present danger rule the

abridgment of the liberty, however, can be justified only where there exists substantial danger that the speech will likely lead to an evil the government has a right to prevent. Application of rule how the substantial the danger must be and immediate the evil results, depends upon the nature of the interest threatened.

 Right of assembly the right on the part of

the citizens to meet peaceably for consultation in respect to public affairs. Right of petition the right of any person or group of persons to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances.

 Complement of right of free speech the right to

assemble and the right to petition are necessary consequences of our republican institution and the complement of the right of free speech. All these rights while not identical, are cognate and inseparable. Application of clear and present danger rule as in the case of freedom of speech and of the press, the rights of assembly and petition include at the very least, immunity from previous restraint and against any subsequent punishment for their exercise except that it may be restrained or interfered with when there is a clear and present danger of a substantive evil that the State or government has a right to prevent under its police power.

 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.

 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 forbids restriction by law or regulation of freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose.

 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. It has reference to ones views of his relations to his Creator, and to the obligations they impose of reverence to His being and character and of obedience to His will.

The separation of Church and State secured in the first sentence of the provision 2. The freedom of religious profession and worship, in the second sentence of the provision.
1.

 Freedom to believe in a religion everyone has the

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. It cannot inquire into the truth or validity of a religious doctrine. Freedom to act in accordance with such belief the right to act in accordance with ones belief is not and cannot be absolute. Conduct remains subject to regulation and even prohibition for the protection of society. Religion may not be used to justify action or refusal to act inconsistent with the public safety, health, morals, or general welfare of society, or violative of the criminal law.

 Relationship with right to believe would be

incomplete without the constitutional right to share ones views with others and to seek to win them to ones faith, by giving analysis of contrary views and by solicitation of financial assistance in carrying the truth to others. Justification for restraint of right any restraint on the right to disseminate religious ideas and information can only be justified on the ground that there is a clear and present danger of any substantive will which the State has the right to prevent. Any infringement of religious freedom may justified only to the smallest extent necessary to avoid grave danger to public welfare and security.

 Permission or condition for exercise of right the

imposition of license or permit frees on the sale or peddling by a religious organization of religious literature and other materials from house to house, conducted not for purpose of profit, would impair the constitutional guarantee of the free exercise and enjoyment or religious profession worship. Imposition of financial burden after exercise of right does not prohibit imposing tax on the sale of religious materials by a religious organization. Such tax, unlike license fee, does not restrain in advance the exercise of religious freedom.

1.

Meaning of terms the Constitution expressly provides that no religious test shall be required for the exercise of civil or political rights.
a) Religious test is one demanding the avowal or repudiation

of certain religious beliefs before the performance of any act. b) The expression of civil or political rights is to be understood as including the individual rights safeguarded by the Constitution and statutory laws.
2.

Reasons for provisions without such provision, religious freedom becomes meaningless. The State without such a bar, notwithstanding the doctrine of its separation from the Church, could in fact accord preferences to a religious organization.

 The liberty of abode and of changing the

same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

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.

 Permissible interference the right is qualified by the

clauses except upon lawful order of the court and except in the interest of national security, public safety, or public health as may be provided by law. The phrases mean, in other words, subject to the dominant police power of the State. Intervention of the court under the second limitation, a court order is not necessary. The determination of the proper executive officer is subject to judicial review.

 The right of the people to information on

matters of public concern shall be recognized. Access to official records, and to documents, and or decisions, as well as to government research date used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

 Access to official records for exercise of right the

right of access in the above provision implements the right to information. They are cognate rights, resting on the premise that informed and critical citizens are in the best position to promote, protect and defend the values of a democratic society. Arguments in support of right
a) It is consonance with the principle of popular sovereignty.

In a democratic society, the sovereign people have the right of access to the records of their government b) It will enable the people to participate more effectively in governmental affairs especially in questioning the acts of the authorities.

 (c) it will make denunciation of government more

factual, responsible, and effective. (d) it will provide a deterrent to the commission of venalities because of the resulting awareness of officials that their acts will be exposed to the full light of public scrutiny. (e) it will reduce public suspicion of officials and thus foster rapport and harmony between the government and the people.
Constitutionality or validity of implementing law

there can be no doubt as to the constituionality of any law making the refusal to give such information or denial of access thereto a punishable offense.

1. The right embraces all public records

2. It is limited to citizens only but its

without prejudice to the right of aliens to have access to records of cases where they are litigants 3. Its exercise is subject to such limitation as may be provided by law.

 Public records excepted it is recognized that records

involving the security of the State or which are confidential in character should be excepted. Presently, certain public records are declared confidential either by law or by administrative regulations. Burden on government to justify withholding of information any law which prohibits disclosure of information by government agencies must strike a healthy balance between the need to afford protection to vital secrets affecting national interest or security and the imperative of safeguarding the basic right of the people to know about the activities of their government.