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Bill of rights

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Emil Prudente

on 8 March 2013

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Transcript of Bill of rights

A bill of rights may be defined as a declaration and enumeration of a person’s rights and privileges.
A charter of liberties for the individual and a limitation upon the power of the State. its
basis is the social importance accorded to the individual in a democratic or republican state, the belief that every human being has intrinsic dignity and worth which must be respected and safeguarded. SECTION II SECTION III No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of laws. 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 shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complaint and the witnesses he may produce. BILL OF RIGHTS SECTION I “Meaning of due process of law.”
“Aspects of due process of law.”
“Meaning of life.”
“Meaning of liberty.”
“Meaning of property.”
“Meaning of equal protection of the laws.” What Constitutes deprivation.

1. Deprivation of life
2. Deprivation of liberty
3. Deprivation of property Classes of Rights: NATURAL RIGHT rights possessed by every citizen without being granted by the state. CONSTITUTIONAL RIGHTS rights which are conferred and protected by the constitution. STATUTORY RIGHTS rights which are provided by laws promulgated by the law-making body “Meaning of Search warrant and warrant of arrest.”
“Meaning of probable cause.” SCOPE OF THE PROTECTION Persons Houses Papers and effect SUFFICIENCY OF AFFIDAVIT UPON WHICH WARRANT IS BASED SUFFICIENCY OF AFFIDAVIT UPON WHICH WARRANT IS BASED Basis of affidavit SUFFICIENCY OF DESCRIPTION Place Person Property 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. 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. “Meaning of right of privacy.” BASIS AND PURPOSE OF THE RIGHT Right existing in the state of nature Right designed to secure enjoyment
of one’s private life RELATIONSHIP WITH RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES Aspect of right to be secure in one’s person. Limited to forms of communication and correspondence EVIDENCE ILLEGALLY OBTAINED Inadmissible Reason Right of owner SECTION IV No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
“Meaning of freedom of speech, of expression, and of the press.”
“Meaning of right of assembly and right of petition.” IMPORTANCE OF THE GUARANTEE. Promotes growth of the individual and the nation. Makes possible, scrutiny of acts and conduct of public officials. Insures a responsive and popular government. RELATIONSHIP WITH FREEDOM OF SPEECH AND OF THE PRESS.
“Meaning of religious freedom.”
“Meaning of religion.” Complement of right of free speech Application of clear and present danger rule SECTION V No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Freedom of religious profession and worship. Freedom to believe in a religion Freedom to act in accordance with such belief. Right to disseminate religious beliefs Relationship with right to believe. Justification for restraint of right. SECTION VI The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. “Meaning of liberty of abode and travel.” Permissible Interference Intervention of the court. Permissible Interference SECTION 7 The right of the people to information on matters of public concern shall be recognized. Arguments in support of right In a democratic society, the sovereign people have the right of access to the records of their government Enable the people to participate more effectively in governmental affairs especially in questioning the acts of the authorities It will make denunciation of government more factual, responsible and effective It will make denunciation of government more factual, responsible and effective It will provide a deterrent to the commission of venalities because of the resulting awareness of officials that their acts will be exposed to public scrutiny It will reduce public suspicion of officials and thus foster rapport and harmony between the government and the people SCOPE OF THE RIGHT Limited to citizens only but is without prejudice to the right of aliens to have access to records of cases where they are litigants Its exercise is subject to such limitations as maybe provided by law Embraces all public records LIMITATIONS OF THE RIGHT Public records excepted Burden on government to justify withholding of information SECTION 8 The right of the people, including those employed in the public and private sectors to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Right to form associations is the freedom to organize or to be a member of any group or association, union, or society, and to adopt the rules which the members judge most appropriate to achieve their purpose. Private property shall not be taken for public use without just compensation SECTION 9 Totality of government power – it is contained in 3 great powers – power of eminent domain, police power and power of taxation
Similarities –
They all rest upon necessity because there can be no effective government without them
They are inherent by sovereignty
They are ways by which the State interferes with private rights and property
They are all legislative in character
They all presuppose an equivalent compensation received, directly or indirectly, by the person affected by the exercise of these powers by the government Essential or inherent powers of government Eminent domain- the right or power of the state
“Taking” –
1) Actual physical seizure not essential – not only the physical seizure or appropriation of the property but also to its destruction or impairment, or to limitation of its usual and necessary employment or use by its owner, not as a consequence of police power.
2) The “taking” must be direct – the Constitution does not require that property losses incidental to the exercise of governmental power be compensated for. MEANINGS

Police power- referred to as the power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general
welfare and convenience
of the people
BASIS OF POLICE POWER
-based on 2 Latin maxims, Sals populi suprema est lex (the welfare of the people is the supreme law) and Sic utere tuo ut alienum non laedas (so use your own as not to injure another’s property) Public health – those regulating medical profession
Public morals – those punishing vagrancy and prostitution
Public safety – requiring license for the right to drive motor vehicles
General welfare and convenience – those requiring compulsory registration of lands Illustrations of Police power laws Taxation – the power of the state to impose charge or burden upon persons, property, or property rights, for the use and
support of the government and
to enable it to discharge its
appropriate functions.

Taxes- enforced proportional contributions from persons and property levied by the lawmaking body of the State by virtue of its sovereignty for the support of the government and all public needs. Obligation of a contract – is the law or duty which binds the parties to perform their agreement according to its terms or intent. No law impairing the obligation of contracts shall be passed SECTION 10 The obligation of which is secured against impairment under the constitution, includes contracts entered into by the government CONTRACT Prohibited, includes executive and administrative orders of the president LAW The obligation of which is secured against impairment under the constitution, includes contracts entered into by the government CONTRACT Prohibited, includes executive and administrative orders of the president LAW Free access to the courts and quasi –judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty SECTION 11 A criminal case, an unequal contest – contest between an individual and the government
Criminal accusation, a very serious matter
Protection of innocent, the underlying purpose Reasons for constitutional safeguards RIGHT OF PERSON UNDER INVESTIGATION
Any person under criminal investigation for the commission of an offense shall have the right:
1. To be informed of his right to remain silent
2. To have competent and independent counsel preferably of his own choice or to be provided with one
3. Against the use of torture, force, violence, threat, intimidation, or nay other means which vitiates the free will
4. Against being held in secret, solidarity, incommunicado, or other similar forms of detention SECTION 12 Classification of constitutional rights Political rights – rights of the citizens to participate, directly or indirectly in the establishment or administration of the government. Civil rights – rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness
include the rights to due process and equal protection of the laws Social and economic rights – Right which are intended to insure the well – being and economic security of the individual.

Rights of the accused - they are the (civil) rights intended for the protection of a person accused of any crime like the right against unreasonable search and seizure, the right to presumption of innocence, the right to a speedy, impartial, and public trial and the right against cruel, degrading, or inhuman punishments State authority and individual freedom State, an instrument to promote both individual and social welfare
Conflict between individual rights and group welfare
Balancing of individual and group rights and interests
Role of the Judiciary News and Issues on Bill of Rights The Larraňaga Case Section 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Writ of habeas corpus “to bring the body” The Writ of Habeas Corpus (Latin for, To present the body) means that a person has a right to appear before a judge or magistrate and hear the charges against him. Section 14 No person shall be held to answer for a criminal offense without due process of law. Whatever is the case, the person shall have the right to have the proper due process. The people of accused of such cases ( criminal offenses) must be aware, must be presented with search warrant or warrant of arrest. Cavite shootout Vizconde Massacre In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Every person has the privileged to express himself as long as he wants, provided that he defends himself against accusations and allegations, he or she must also see the witnesses face to face. Section 15 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Writ of Habeas corpus must not be suspended unless declared by the government or during invasion or rebellion. Section 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17 No person shall be compelled to be a witness against himself. The person must not be forced if he or she does not want to testify against himself. Section 18 No person shall be detained solely by reason of his political beliefs and aspirations. Person shall have the reason to be arrested or imprisoned. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19 Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. In the Philippines, it is one of two sentences, the other being life imprisonment, designed to replace the death penalty and is, in legal parlance, almost synonymous with life imprisonment. However, there are several important distinctions between the two terms: The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20 No person shall be imprisoned for debt or non-payment of a poll tax. Prohibition limited to contractual obligations only Damages arising in action ex delicto (criminal actions) Fines and penalties imposed by the courts in criminal proceedings as punishments for crime. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. SECTION 21 “Meaning of right against double jeopardy” Existence of double jeopardy Requisites Rule in case of mistrial Rule in case of mistrial For the same offense For the same act THANK YOU THE PRESENTATION IS OVER No ex post fact law or bill of attainder shall be enacted SECTION 22 No criminal liability would attach to such possession of said firearm in spite of the absence of a license and permit.
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