The Philippine BILL OF RIGHTS

CLASSES OF RIGHTS

Who are the persons protected?

BILL OF RIGHTS

1. Natural Rights

2. Constitutional Rights

3. Statutory Rights

What is the meaning of "due process of law?

1. PROCEDURAL DUE PROCESS

2. SUBSTANTIVE DUE PROCESS

Meaning of the following:

- Otherwise known as the "Charter of Liberty."

-declaration and enumeration of a person's basic rights and privileges which the Constitution is designed to protect.

Meaning of LIBERTY

1. Life

2. Liberty

3. Property

-not merely freedom from physical restraint (imprisonment)

-not unlimited freedom

What constitutes deprivation of Liberty?

Meaning of LIFE

-something more than mere animal existence

-extends to all the limbs and faculties by which life is enjoyed

Meaning of PROPERTY

What constitutes deprivation of life?

-thing itself or the right over a thing

-right to own, transmit and even to destroy

What constitutes deprivation of Property?

Who grants a person his rights?

RELIGION

Section 2

Meaning of Search Warrant and Warrant of Arrest

Right to Privacy

-right to be left alone.

REQUISITES OF A VALID SEARCH WARRANT OR WARRANT OF ARREST

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.

SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

1. Consent or Waiver

2. Incident to a lawful arrest

3. Contraband or forfeited goods

4. Plain View

5. Exercise of Police Power

6. Routinary Searches

Section 1. 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 the laws.

1. Issued upon Probable Cause;

2. Probable cause determined personally by the judge himself;

3. determined after the examination of the judge of the complainant and the witness he may produce;

4. particularly describe the place to be searched, and the persons or things to be seized;

SEARCH WARRANT

-an order in 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 a certain property and bring it before the court.

WARRANT OF ARREST

-a written order commanding to arrest a person designated to take him into custody in order that he may be bound to answer for the commission of the offense

"no religious test shall be required for the exercise of civil or political rights.."

ASPECTS OF RELIGIOUS FREEDOM

1. The separation of the Church and the State secured in the first sentence of the provision; and

2. The freedom of religious profession and worship, in the second sentence of the provision.

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 the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

includes all forms of belief in the existence of superior beings exercising power of human beings and imposing rules of conduct with future state of rewards or punishments.

The Bill of Rights of the Philippine Constitution?

OR

The Government?

Section 5. 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.

RIGHT TO PETITION

-right of any person or group of persons to apply, without fear of penalty, to the branch or office of the government for redress or grievances.

RIGHT TO ASSEMBLY

-right on the part of the citizens to meet peaceably to consultation in respect to public affairs

MEANING OF FREEDOM OF SPEECH, EXPRESSION AND THE PRESS

-right to freely utter and publish whatever one pleases without previous restraint or sanction

LIMITATIONS ON THE RIGHT TO PRIVACY

Section 4. 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.

A.PERMISSIBLE INTERFERENCE

1. Lawful court order

2. public safety or order requires it

B. INTERVENTION OF THE COURT

CLASSIFICATION OF CONSTITUTIONAL RIGHTS

1. Political Rights

2. Civil Rights

3. Social and Economic Rights

4. Rights of the Accused

The Philippine BILL OF RIGHTS