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1.

What is bill of rights, why art 3 is called bill of rights


-Bernas, Nachura
Set of prescriptions setting for the fundamental civil xxx
2. What is the purpose of bill of rights
-Provide constitutional guarantee and limit the exercise of the power of the state
-Civil right and political rights, these rights are justiciable

SEC 1:
What are the rights protected under section 1
-Life, liberty and property
-Equal protection of the law clause

Hierarchy of rights in terms of punishment


-Paramout is Life, liberty and property
-No cruel punishment
-If property is involved, life is taken, applicable are sec 1 and cruel punishment
-Does not prohibit interference of the state with the rights provided that there is
observance with the due process. Substanstive and Procedural
-Essence of due process: Notice and Hearing

-After the case has been decided, is an appeal part of due process?
NO, if there is a law that grants an appeal, then denial of the appeal is a
violation of his right
-Equal protection of the law clause

SEC 2. Unreasonable search and seizures


-What is prohibited? Only unreasonable. Not accompanied by a valid warrant issued
by a court
-Not all not accompanied by warrant are unreasonable, what are the reasonable
searches unaccompanied by warrant
-Memorize the warrantless searches
-Plain view doctrine and check point

Sec 3 (2) Fruit of the poisonous tree


-Historical development
-People vs. Moncado
-Stonehill v. Diokno

Sec 4: Freedom of Speech, Expression, Redress of


-Diocese of Bacolod v. Comelec
Speeches that are not protected by section 4: libelous and obscene

Sec 5: Religion
Non establishment clause
Freedom of Religion
-Right to believe is absolute but the right to act according to ones belief is
absolute
-Right to believe is not subject to regulation but when you convert into action, it
is now subject to regulation

Sec 6: Liberty to abode and changing the same


-No question

Section 7: Right to Information


Right to Access
-in relation to Sec 28 of art II

Section 8: Right to Assocition


-CBA and Union
In relation to sec 22, ex post facto and bill of attainder
Congress passed a law declaring an association as outlaw
-Integrating Bar Association, is that violation of association?
-Associate and not to associate
Can you force them to associate?

Section 12
Right to be informed of his right to remain silent
Right to counsel
-Secret cell in tondo
-illegally arbitrarily detaining them
-illegal arrest, arbitrary detention
-administratve cases and civil cases

in relation to sec 17 and sec 3 the exclusionary rule


-May a person waive his right to counsel
Sec 12 is applicable
-May an accused waive his right to counsel
Sec 14(2)
-qualify, all constitutional rights are waivable, you cannot force a person

Sec 17, Self incrimination


12, 14 and 17 are interraleted

Sec 14 in reltaion to sec 1


Sec 1, substantive and procedulal
Sec 14, no person shall be observed, procedural process only: in rel to sec 21, no
person shall be put twice in jeopardy

Amendment of information in section 14


-defect on the information would that violate?
it depends on the defect
-if defect is the citation, it is curable
-what is controlling is the recital of facts
-may the information be amended?
prior to the plea, may
after the plea, it may only

Section 18: in rel to sec 19 in rel to sec 1


sec 19 excessive fine

Sec 20:

Sec 21: Requisites of double jeopardy


1. Valid complaint or information
2. Filed before competent court
3. Plea of guilt
4. Previously acquitted or convicted

Case, about elements

No ex post facto law bill of attainder


-Criminalizing an act which is criminal when is not yet done
-Aggravates the crime, makes greater than when it was commited
-Changes the punishment and inflict greater punishment
-Alters legal rules of evidence which would make less the defense acquired by the
defendant
-Law refers to a civil matter but it has an infact on the criminal liability of the
accused
-No penalty, law amended, penalize greater penalty, ex post facto law
but if the law is amended and the outcome of the amended is favorable to the
accused, then it would be given a retroactive application
Nunez v. Sandiga nbayan
PD 1866
-Not favorable, if it aggravates, ex post facto
While the law has prospective, if under ex post facto it always has aretroactive
effect

BILL OF ATTAINDER
-Freedom of Association
People v. Ferrer

Violation of civil rights is civil also in nature

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