BILL OF RIGTHS 2.
Conflict between individual rights and
-declaration and enumeration of persons
right and privileges w/c constitution is
designed to protect against violations by
the govt, indv or group of indv.
- It is a charter of liberties for the
individual and limitation upon power of
the state.
Classes of rights
Natural rights rights possessed by
each citizen w/out being granted by
state for they given to man by God as
human being. Ex. Right to life
Constitutional right- rights conferred
and protected by constitution. Part of
fundamental law cannot be modified
or taken away.
Statutory rights- rights provided by
law promulgated by the law making
body and may be abolished by same
body. Ex. Minimum wage, right to
adopt
Classes of consititutional rights
1. Political Rights- Right of citizen w/c
give them power to participate
directly, indirectly in establishment or
administration of government.
2. Civil Rights- Right of citizen w/c 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. Sec.1, 18, 20, 5, 6, 10, 4, 8, 11-22
constitutional right of accused)
3. Social Economic Rights- Rights w/c
intended to insure the well-being and
economic security of the individual.
(Ex. Sec 1 & 9)
4. Rights of the Accused- rights intended
for the protection of person accused of
any crime. Ex. Sec 2, 11-22
State Authority and Individual Freedom
1. State, an instrument promotes both
individual & social warfare.
group welfare.
3. Role of Judiciary.
SECTION 1:
State is with due process if it is
done :
1) under authority of law that is valid
2) after compliance of fair and
reasonable methods and procedure
prescribed by law
ASPECT OF DUE PROCESS
I. Procedural due process- method or
manner by w/c law enforced. Hears
before it condemns
1. Judicial Proceedings- has
application in judicial proceedings,
civil or criminal. Conducted in court
of justice
2. Administrative Proceedings notice
and proceeding may be dispensed
w/ because of public or for practical
reason. Heard by bodies, agencies
or offices.
II. Substantive due process- requires
that the law itself not merely the
procedures by which the law would
be enforced, is fair, reasonable, and
just.
Persons- provision embraces all
person within territorial jurisdiction
of the Philippines w/out regard to
any difference of race, color or
nationality, including aliens.
Life- protected by due process of law
means something mere animal
existence, extends to all limbs and
facilities by w/c life enjoyed.
Liberty- not merely freedom from
physical restrain, it embraces the
right of man to use his faculties

SECTION 2
Search Warrant- an order in writing,
issued in the name of People of the Phil.
Signed by judge and directed to a peace
officer, commanding him to search for
certain personal property and bringing it
to court.
Warrant of arrest- if the command is to
arrest a person or take him to custody in
order to answer for the commission.
Requisites for valid search warrant or
warrant of arrest:
1. Must be issued upon probable
cause
2. Probable cause determined
personally by the judge
3. Determination of probable cause
must be made after examination
by judge
4. Warrant must particularly describe
the place to be search or person or
things to be seized
Law prohibits issuance of search warrant
for more than one specific offense.
When search & seizures may be made
w/out warrant:
1. There is consent or waiver
2. Where search is an incident to a
lawful arrest
3. In case of contraband or forfeited
goods being transported by ship,
automobile or other vehicle
4. Possession or articles prohibited by
law is disclosed to plain view or is
open to eye and hand
5. As incident of inspection, supervision
and regulation in the exercise of
police power.
6. Routinary searched usually made at
border or ports of entry of national
security.
Arrest made w/out warrant:
1. In his presence the person to be
arrested has committed is actually
commiting or attempting to commit
an offense.
2. An offense has in fact just been
committed and has personal
knowledge of facts
3. The person to be arrested is a
prisoner who has escaped from a
penal establishment or place he is
serving his final judgment.
SECTION 3
Right of Privacy right to be left alone. It
is also right of the person to be free from
undesired publicity or disclosure.
Limitations on the Right
Upon lawful order of court-
interpreted in issuance of a search
warrant
When public safety or order requires
otherwise prescribed by law means
that the right is subject to police
power of the state, intervention of
court is not essential.
The right of owner- evidence obtained
illegal is not admissible, the owner has
right that articles seized be returned,
unless they are prohibited by law like
illegal drugs or firearms.
SECTION 4
Freedom of speech, and expression and
for press implies right too freely utter
and publish whatever one pleases w/o
previous restraint.
Speech & Expression- any form of oral
utterance, motion picture
Press- cover sort of publication
Freedom of expression is not absolute
Anyone who slander or libel are
penalized
Lewd, obscene, fighting words,
seditious speech are all outside the
protection of constitution.
Abridgment of liberty can be justified
only where exist substantial danger
that the speech will likely lead to an
evil the govt has right to prevent.
Right to assembly- means the right on
part of citizen to meet peaceably for
consultation in respect to public affairs
Right to petition- right of any person or
group of person to apply w/o fear of
penalty, to appropriate branch or office.
SECTION 5
Religious freedom right of a man, to
worship God, and to entertain such
religious views as appeal to his individual
conscience.
Religion- broadest sense includes all
forms of belief in existence of superior
beings exercising power over human
beings.
Freedom of Religious profession and
worship:
1. Freedom to believe in a religion
2. Freedom to act in accordance with
such belief- Right to act accordance
with one belief is not absolute.
Religious test- is one demanding the
avowal or repudiation of certain religious
beliefs before the performance of any act.
SECTION 6
Liberty of abode and to travel- is the right
of a person to have his home whatever
place chosen by him and thereafter
changed it according to his will.
Limitation of rights
1. Except upon order of court- subject
to dominant of police power
2. Except in interest of national
security, public safety or public
health.- court is not necessary
Person whose liberty of abode is
violated may petition writ of habeas
corpus.
SECTION 7
Limitations on the right:
Records involving security of state are
confidential . Protection to vital secret
affecting national interest. The burden is
on govt to justify withholding info. Or
document not on the person requesting it.
SECTION 8