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Defined as a declaration and enumeration of a persons rights and privileges which the Constitution designed to protect against violations

by the government, by an individual, or groups of individuals.

What is a right?
Something which is legally demandable and

enforceable What is due to a person Note: the right of a person ends when the right of others starts. Example: You have the right to sing all night long but if it disturbs your neighbors who are sleeping.

Classes of Rights
1. Natural Rights-possessed by the citizen

without being granted by the State for they are being given by GOD. 2. Constitutional Rights- rights which are conferred by the constitution, since they are part of the constitution they cannot be taken away by the law-making body. 3. Statutory Rights- rights which are provided by the laws made by the law making body.

Section 1
No person shall be deprived of: 1. Life 2. Liberty 3. Property

Without due process of

law.
Can the right to life, liberty and

property be taken away? Yes, provided there is due

What is Due Process?


A process which hears first before it

condemns, which proceeds upon inquiry and renders judgment only after trial. Two Kinds of Due Process: 1. Substantive Due Process- whether there is a law taking away the life, liberty and property of the individual (CONTENT) 2. Procedural Due Process- whether the rights was taken in the manner provided by the law. (PROCEDURE)

PROCEDURAL DUE PROCESS


Requirements of a procedural

due process in Judicial proceedings:


1. There must be an impartial 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

PROCEDURAL DUE PROCESS


3. The defendant must be

given an opportunity to be heard. 4. Judgment must be rendered upon lawful hearing.

Right to Life
The most important right that one

person can ever have. The due process connotes that life involves the physical integrity of the person. (The court cannot punish a criminal by amputating his hands if he is a thief, castrate him if he is a rapist, strike out his eyes or cut his tongue for nasty remarks.

Right to Liberty
Liberty is the freedom to do right

and never wrong -Apolinario MabiniRight of a person to freely choose, act and do whatever he wants so long as it does not prejudice others. Example: (1) to illustrate ones freedom of expression cannot be used to unfairly destroy anothers reputation. (2) to convert his house into a den of criminality such as prostitution and illegal drugs.

Right to Property
Property-is anything that can come

under the right of ownership and be the subject of contract. Every person has the right to property. The constitution guarantees that a private persons property shall not be taken for public use without just compensation. (Art. 3 Sec. 9)

EQUAL PROTECTION CLAUSE


BACKGROUND Equal protection clause is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. To provide for a more specific guaranty against any form of undue favoritism or hostility from the government. Arbitrariness in general may be challenged on the basis of due process clause. But if the particular act in question partakes of unwarranted partiality or prejudice, the

What is Equal protection clause?


Equal protection simply requires that

all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others.

Illustration of Equal Protection Clause


An ordinance authorizing the board of

supervisors to license establishment of the board of supervisors to license establishment of laundries in an American City was annulled by the U.S. Supreme Court After finding that all Chinese applicants for such license has been systematically rejected whereas all other applicants had been approved. (Yick Wo v.

Four Requirements for Equal Protection Clause 1.It must be based upon substantial distinctions. 2.It must be germane to the purpose of law.

1. Substantial Distinctions
Superficial differences do not make for a valid

classifications such as attire of women, or the color of vehicles, or the source of native products, emotions of persons, or texture or color of their skin. Certain physical conditions are considered valid classifications such as height and weight may be considered in certain employments, health may be considered in some instances, such as segregating lepers or those with TB, age may be a factor in imposition of duties such as military service.

2. Germane to the Purpose


of Law
The classification, even if it is based on

substantial distinction is still invalid if is not germane to the purpose of the law. Example: the accepted difference in physical stamina between men and women will justify the prohibition of the latter (women) from employment as miners stevedores or in other heavy work. However, the law cannot provide for a lower passing percentage for women in the Natl Medical Admission Test because physical strength is not the test for the admission in

Section 2
Even in the days of the extraordinary royal

perquisites, the lowly peasant could proudly proclaim his humble abode his castle, from which he could exclude even the mighty monarch. It may be frail, its roof may shake; the rain may enter; the wind may enter; But the King of England may not enter; all his forces dare not cross the threshold of the ruined tenement Justice Cooley-

RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURES The rights against unreasonable searches and seizures and the privacy of communication and correspondence are available to all persons, including aliens, whether accused of crime or not. Juridical persons, like corporations, are also entitle to

Requisites of a Valid Warrant


1. It must be based upon probable cause.

2. The probable cause must be determined

personally by the judge. 3. The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce. 4. It must particularly describe the place to be searched and the persons or things to be seized.

Section 3
Privacy of Communication and

correspondence is an inviolable right. If this right is violated, any evidence obtained is inadmissible in any court proceedings. Meaning it cannot be used in any court proceedings.

Section 4
Freedom of speech, expression or press- an

important component of a democratic country. Elements of freedom of expression: 1. Freedom from censorship Censorship-means conditions set by the government before a person is allowed to express oneself. 2. Freedom from punishment People will fear of expressing their views or opinions if they will be penalized.

Major criteria to determine liability for ideas expressed


A. Clear and Present Danger Rule The most libertarian of these tests is the clear

and present danger rule as formulated by Justice Holmes. The question should be: whether the words used in such circumstances and are of such nature as to create a clear and present danger, that they will bring about the substantive evils that the State has the right to prevent. If they do, the speaker shall be punished;

Definition
Clear- there must be reasonable

ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one. Present- refers to the time element. It used to be identified with imminent and immediate danger. The danger must not only be probable but very

Example Article 142 of the Revised Penal Code (RPC) Sedition. Article 143 of the Revised Penal Code (RPC) Inciting to Sedition

B. Dangerous Tendency Rule


The old rule adopted in the

Philippines As long as the words uttered created a dangerous tendency even if the it is not immediately related to force, violence, intimidation, etc. Mere tendency to create evil is enough in this old rule.

Freedom to Peacebly Assemble


The right of the people to assemble to air

out the grievance of the people on particular issued related to the government. As long as the assembly is peaceful they will be allowed but if it later on becomes unruly, then, the authorities have the right to disperse the crowd. Art. 146-Illegal Assemblies Art. 147-Illegal Associations

Section 5
Right to Religion- every person has

the right to freely choose his own religion or any belief. The free exercise of religion shall forever be allowed. The state shall have no official religion Even atheists are respected by the Constitution.

Crimes punishable under RPC


Article 132-Interruption of Religious Worship Illustration:

In a barrio Chapel, a priest was ready to say a mass and a number of barrio folks was there to hear the mass. The barrio lieutenant made an actual threat on the life of the priest should the latter persist in his intention to say the mass. As a result the mass was not celebrated. Held: The barrio lieutenant is guilty of Art. 132. (People v. Mejica)

Crimes punishable under RPC


Art. 133-Offending the Religious feelings Example: Throwing stone at the minister of

the Iglesia ni Cristo who was preaching or spreading his beliefs before a crowd notoriously offended the religious feelings of the minister and the members of the Iglesia ni Cristo who witnessed the incident. (People v. Migallos) Remarks that those who believed that Christ is God are Anti-Christ, that all members of the Roman Catholic Church are marked by the demon and that the Pope is the Commander of Satan are notoriously offensive to the

Not offensive to Religious Feelings


The construction of a fence in front

of the chapel, even though irritating to those present in the pabasa, is not notoriously offensive to the feelings of the faithful. The crime committed is unjust vexation and not offending religious feelings.