BILL OF RIGHTS

Section 1-3
BILL OF RIGHTS
• May be defined as a declaration and
enumeration of a persons right and
privileges which the constitution
designed to protect against violations
by the government or by an individual
or groups of individuals.
CLASSES OF RIGHTS
• Natural Rights - Rights posses by every citizen
without being granted by the state for they are
given to man by God as human being created to
his image.
• Constitutional Rights - Rights which are
conferred by the constitution.
• Statutory Rights - Rights which are provided by
laws by the law making body and consequently
maybe abolish by the same body.
CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
• Political Rights - Gives the citizen the
power to participate directly or
indirectly.
• Civil Rights - Rights which the law
enforce. Includes the rights to due
process and equal protection of the law.
CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
• Social and Economic Rights - Includes
the right 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 the
person accused of any crime. Like the
right to presumption of innocence.
Section 1
• No person shall be deprived of life, liberty,
or property without due process of law, nor
shall be denied the equal protection of the
laws.
• Due Process of Law - a law or a policy that
hears before it condemns, a principle of fair
play.
Section 1
• Life - means something more than mere
animal existence.
• Liberty – denotes merely freedom from
physical restraint. It also embraces the rights
of man to use his faculties with which he has
been endowed by his Creator.
• Property – may refer to the thing itself or the
right over a thing.
Aspects of Due Process of Law
• Procedural Due Process - refers to the
method or manner by which the law is
enforced.
• Substantive Due Process - requires that the
law itself not merely the procedure by which
the law would be enforced is fair, reasonable,
and just.
Section 2
• The right of the people 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 witnesses he may
produce, and particularly describing the place
to be searched and the persons or things to be
seized.
Section 2
• Search warrant – an order of 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 – to arrest a person
designated and to take him into custody in
order that he may be bound to answer for the
commission of an offense
Section 2
• Probable Cause - such facts and
circumstances antecedent to the issuance of
the warrant sufficient in themselves to
induce a cautious man to rely upon them
and act in pursuance thereof.
• Under Oath – having legally promised to tell
the truth in a court of law.
Scope of the Protection
• Persons - the protection applies to everybody.
• Houses - the protection is not limited to
dwelling houses but extends to a garage,
warehouse, shop, store, office, and even a
safety deposit vault. Does not extent to open
spaces and fields belonging to one.
• Papers and effects - include sealed letters and
packages in the mail which may be opened and
examined only in pursuance of a valid search
warrant.
Requisites for valid search warrant
or warrant of arrest
• Must be issued upon probable cause
• Probable cause must be determined personally
by the judge himself
• Such determination of the existence of probable
cause must be made after examination by the
judge of the complainant and the witnesses he
may produce
• Must be particularly describe the place to be
search and the person or things to be seized.
When search and seizure may be
made without warrant
• Where there is consent and waiver.
• Where such 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.
When search and seizure may be
made without warrant
• Where without a search, the possession of
the 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.
When Arrest maybe made without
warrant
• When in his presence, the person to be
arrested has committed or attempting to
commit an offense.
• 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.
• 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 has
escaped while being transferred to one
confinement to another.
Section 3
(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.

Right of privacy – right to be left alone