Article 3 Bill of Rights

Pat Ray M. Dagapioso MSU at Naawan September 2013

What are Bill of Rights?

There are three classifications of Human Rights.

Natural Rights

Constitutional Rights

Statutory Rights

Rights

Possessed

Not granted by

GOD

Conferred

What are Natural Rights?

Political Rights

Civil Rights

Social and Economic Rights

Rights of the Accused

Rights that give citizens the power to participate directly/indirectly, in the establishment or administration of government.

Rights that secure every individual of the enjoyment of their means of happiness.

Rights that ensure the well-being and economic security of the individual.

Rights intended for the protection of a person accused of any crime.

What are Constitutional Rights?

These are rights that are promulgated by laws through law-making bodies, and may, be abolished by the same body.

What are Statutory Rights?

Positive Rights: Right to Freedom to

2 Kinds of Rights According to Qualilty

Negative Rights: Right against Freedom against

Due Process of Law

Due Process of Law

Due process of law is meant that if a person is deprived of life, liberty, or property by the State, it must be done only under the authority of a valid law and after compliance with the regular methods of procedure prescribed by the law.

Due Process of Law

Procedural Due Process

Substantive Due Process

It refers a procedure: which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.

This tells us that the law itself must be fair, reasonable and just.

What is the difference between the two?

Procedural Due Process

Elements of Procedural Due Process : a. Notice and hearing b. Jurisdiction over the person or subject matter c. Impartial court or tribunal d. Defendant or party is given chance to be heard, and e. Judgment is given only after lawful hearing.

Substantive Due Process

Substantive Due Process: The State must not exercise arbitrary power.

Equal Protection Clause

Each person is dealt equally in law.

But, the reality is that people and things, circumstances, are situated differently. Thus, this means that, everyone belonging to the same class must be treated in the same way. Similarly situated persons/things must be treated similarly.

Searches Warrant Issued by Seizures Illegal the Judge Arrests

4. The warrant must particularly describe the place to be searched and the person or thing to be seized. 3. Such judge must examine under oath that complainant and the witnesses that he may produce.

2. Probable cause must be determined personally by the judge.

1. Must be issued upon probable cause.

Valid Search and Arrest Warrants

When are the searches, seizures and arrests are invalid?

An evidence obtained illegally is inadmissible in any proceeding. Any evidence acquired illegally is excluded from being considered by the judge, there is a great probability that the accused may be acquitted.

Allowable warrantless searches.

1. A person who is validly arrested may be searched in his person. 2. An officer who legally enters a premise and sees an illegal object may seize it.

3. A moving vehicle, with reasonable suspicion, may be stopped and searched for criminal activity.

4. One who consents to be searched maybe searched without a warrant.

5. Searches may be made without a warrant at customs or airports prior to boarding.

Warrantless Arrests
1. When the person to be arrested has committed, is actually committing, or is attempting to commit an offense. 2. When an offense has in fact been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it

3. When the person is an escapee from a penal establishment.

Letters

Telephone calls

This section covers?

Emails

Messages

Is the privacy of communication and correspondence absolute?

NO!
Anti-Wiretapping Law Anti-Terrorism Law

Court-Authorized taps are allowed for the crimes of: treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting rebellion, sedition, conspiracy to commit sedition, kidnapping.

Freedom of Expression
Why is this guaranteed in the Constitution? 1. Essential for the search of truth.
2. Essential for democracy to work.
3. Essential for the citizens to promote self-realization and self-determination.

Section 4 also guarantees for the prohibition against Prior Restraint. What is Prior Restraint?

Prior Restraint

The actual and official governmental restrictions of the press and other forms of expression in advance actual prohibition or dissemination.

Libel

Obcenity

Freedom of Speech is not an absolute right.

A public and malicious imputation of a crime, or of a vice or a defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Revised Penal Code) any work, taken as a whole, appeals to the prurient interest (b) the work depicts or describes in a patently offensive way, sexual conduct(c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (Miller v California)

1. State may not establish or sponsor a religion.

1. State cant prohibit a person from choosing his/her religion.

2. Prohibits the direct support of institutional religion.

3. Prohibition on direct and indirect aid if the support means preference of one religion to the other. 2. State cant force a person from choosing his/her religion.

Non-Establishment Clause

Free Exercise Clause

Liberty of Abode
No one is compelled to change his/her home except in accordance with law.

Liberty of Travel
Can be impaired, but not arbitrarily.
Grounds: National security, public safety, and public health.

Villavicencio v Lukban

Freedom of Movement

Right to Information Right of Access to Official Records and Documents

Information that be withheld to the public: 1. National security matters 2. Confidential diplomatic matters 3. Trade secrets and banking transactions 4. Identity of informants in criminal investigation

Right of Association

Right to organize is a very basic human drive. Right to strike is also guaranteed. The Supreme Court ruled that employees of SSS and public school teachers cant wage a strike.

Taking

Usage

Compensation

The property must be private in nature.

The property must be used for public use.

Just compensation must be given to the owner. Compensation must be equal to the property market value.

Eminent Domain

Impairment of Contract

There is an impairment of contract when a law changes the terms of legal contract between parties either in time or mode of performance, or imposes new conditions, r dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms.

Miranda Doctrine
1. You have the right to remain silent when questioned. 2. Anything you say or do may be used against you in a court of law 3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. 4. If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish. 5. If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. 6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Rights of a Person under Investigation

1.Right to remain silent 2.Right to counsel 3.Rights to be informed of such rights

Prohibitions on, are enumerated as:

1.Secret Detention Places (safe-houses) 2. Solitary Detention 3.Incommunicado Detention Places

Self-Incrmination

Self-Incrimination

An act of accusing oneself to a crime for which a person can then be prosecuted.

Inadmissibility of Forced Confession and Admission

Admission
An act, declaration or omission of party as to a relevant fact.

Confession
Declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein.

1.Right to be presumed innocent. 2. Bail: mode short of confinement which would, with reasonable certainty, insure the attendance of the accused. 3.Bail is not warranted if: a. the offense is punishable by reclusion perpetua and b. evidence of guilt is strong.

Right to Bail

Philippine Criminal Justice System

Presumption of Innocence
no person shall be convicted unless the prosecution has proved him guilty beyond reasonable doubt.

But in Prima Facie cases

Prima Facie (denotes evidence that that would prove a particular proposition); then the burden of proof changes.

Right to Be Heard includes:

1. Right to be present at the trial

2. Right to counsel
3. Right to an impartial judge.

4. Right of confrontation
5. Right to compulsory process to secure the attendance of witness.

A writ, a legal action, that requires a person under arrest to be brought before a judge or a court.
An order issued by a judge to a person detaining another to bring the detainee to court and to justify his detention.

Writ of Habeas Corpus

It is to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a person therefrom is such restraint is illegal.

What if the speedy disposition of cases is violated?

Remedy!
The aggrieved party can ask a dismissal of a case through mandamus.
Mandamus: is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation of public authority to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing) and which is in the nature of public duty, and in certain cases one of a statutory duty.

Right Against Self-Incrimination

Self-Incrimination: the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself or herself which will subject him or her to an incrimination.

A person may incriminate himself/herself by: a. Testimony b. Private books c. Private letters

Involuntary servitude exists as a punishment as: forced labor. NSTP, ROTC, CWTS are not grounds for involuntary servitude, instead these are faculties of the state that the citizens that incurred of as duties and responsibilities.

Punishments must be:

Furman v Georgia: 1.Must not be severe as to degrade the dignity of human beings. 2.Must not be applied arbitrarily. 3.Must not be unacceptable to contemporary society. 4.Must not be excessive.

If a person debts and can not pay his indebtedness, can he be imprisoned, as payment, for it?

NO!

But if a person has committed a crime relating to nonpayment of debts, through bad faith or malice, i.e., Estafa, yes, he can be imprisoned.

Bad Faith Latin: Malafides

Means double mindedness or double heartedness in duplicity, fraud, or deception. Can be expressed through faith, belief, attitude, and loyalty.

Double Jeopardy

To be prosecuted more than once for the same offense..

Double jeopardy ends: 1.Once the accused is acquitted or convicted. 2.Dismissal of the charges.

Ex-Post Factor Law

A. Which makes a criminal an action done before passing a law, which was innocent when done and punishes such action

B. Which aggravates the crime C. Which changes the punishment and inflicts greater punishment.
D. Which alters the legal rules of evidence.

Bill of Attainder
A legislative act which inflicts punishment without judicial trial.
Example: Law that makes all Filipinos who served under the Japanese government may not hold public offices.

Film Showing:

Hotel Rwanda

Thank you!