BILL OF RIGHTS

BILL OF RIGHTS
 Itmay be defined as a declaration and
enumeration of a person’s rights and
privileges which the Constitution is
designed to protect against violations
by the government, or by an individual
or groups of an individuals.
 BILL OF RIGHTS
 It is a charter of liberties for the
individual and a limitation upon
the power of the state.
 CLASSES OF RIGHTS
1. Natural Rights
- They are those rights possessed by
every citizen without being granted by the
State for they are given to man by God as a
human being created to his image so that
he may live a happy life.
Example of Natural
Rights  Right to Life
Right to property
 Right to Love
 CONSTITUTIONAL RIGHTS
 They are those rights which are conferred and
protected by the constitution.

 Since they are part of the fundamental law, they

cannot be modified or taken away by the law-making
body.
 STATUTORY RIGHTS
 They are those rights which are
provided by the by laws promulgated by
the law- making body and consequently,
may be abolished by the same body.
 CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
1. Political Rights
- They are such rights of the citizens
which give them the power to participate,,
directly or indirectly, in the establishment or
administration of the government.
 CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
2. Civil Rights
- They are those 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.
 CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
3. Social and Economic Rights
- They refer to those rights which are
intended to insure the well-being and
economic security of the individual.
 CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
4. 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 speedy, right
against cruel, degrading or inhuman punishment.
 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.
Life
• That state of animals, plants and
humans or of an organized being, in
which its natural functions and
motions are performed, or in which
it’s organs are capable of performing
their functions.
[Black’s Law Dictionary, 1990]
• It means something more than mere
animal existence.
Liberty
• Denotes not merely freedom from
physical restraint.

• It also embraces the right of man to

use his faculties with which he as
been endowed by his creator subject
only to the limitation that he does not
violate the law or the rights of others.
PROPERTY
• May refer to the thing itself or to
the right over a thing.
• It includes the right to own, use
transmit and even to destroy,
subject to the right of the state
and of other persons.
 DUE PROCESS OF LAW
- A law which hears before it condemns,
which proceeds upon inquiry and renders
judgement only after trial.
(Daniel Webster 1819)
 MEANING OF EQUAL
PROTECTION OF LAWS
• Signifies that “all persons subject to
legislation should be treated alike,
under like circumstances and
conditions both in the privileges
conferred and liabilities imposed.”
 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 the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.
 Search Warrant
• It is 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 certain
personal property and bring it before the court.
 Warrant of Arrest
• If the command is to arrest the person
designated to take him into custody in
order that he may be bound to answer
for the commission of an offense.
REQUISITES FOR VALID
SEARCH WARRANT OR
ARREST WARRANT
 ARTICLE III, SECTION 3
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 TO PRIVACY
 It is concisely defined as the right to be
alone.
 It is also the right of a person to be free from
undesired publicity, or disclosures and as the
right to live without unwarranted interference
by the public.
 FRUIT OF A POISONOUS
TREE DOCTRINE
•It is a legal metaphor used to
describe evidence that is
obtained illegally.
 Republic Act No. 10173 or Data Privacy
Act of 2012
• Republic Act No. 10173 or Data Privacy Act of 2012 is
an act protecting individual personal information in
information and communications systems in the
government and the private sector, creating for this
purpose a national privacy commission, and for other
purposes.
 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.
 MEANING OF FREEDOM OF SPEECH,
OF EXPRESSION AND OF THE PRESS
• It is the right to freely utter and publish whatever one
pleases without previous restraint and to be protected
against any responsibility for so doing as long as it
does not violate the law, or injure someone’s
character, reputation or business.
 SCOPE OF FREEDOM OF
EXPRESSION
• It includes the specific guarantees of
free speech and free press, right to
form associations or societies not
contrary to law and freedom to
religion.
 SCOPE OF TERMS “ SPEECH”,
“EXPRESSION” AND “PRESS”
• “Speech and expression”- It cover any form of oral
utterances such as protests as expression of opinion about
subjects of public concern.
• The “press” – covers every sort of publications:
newspapers, periodicals, magazines, leaflets, television and
radio as instrument of mass communication.
 LIBEL
Libel is a method of defamation expressed by print,
writing, pictures, signs, effigies, or any communication
embodied in physical form that is injurious to a
person's reputation, exposes a person to public hatred,
contempt or ridicule, or injures a person in his/her
business or profession.
 Section 5
• 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.
 RELIGIOUS FREEDOM
• It is the right of the man to worship a God.
• Entertain such religious views as appeal to his
individual conscience, without dictation or
interference by any person or power, civil or
ecclessiastical.
 RELIGIOUS TEST
• is one demanding the avowal or
repudiation of certain religious beliefs
before the performance of any act.
 SECTION 6
• Section 6. 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.
Liberty of Abode and Travel

 It is the right of a person to

have his home in whatever
place chosen by him and
thereafter to change it at
will, and to go where he
pleases without interference
from any source.
P.D. 772 (ANTI-SQUATTING LAW)

• It is a crime when a person establish

his residence in a public or private
land without the permission of the
owner.
 SECTION 7
• Section 7. The right of the people to information on
matters of public concern shall be recognized.
Access to official records, and to documents and
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as
may be provided by law.
 Basis of Transparency
• 1. Right to Information on matters of
public concern;
• 2. right access to official records and
documents
 SECTION 8
• 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 ASSOCIATION

• It 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.
 SECTION 9

• Section 9. Private property shall not be

taken for public use without just
compensation.
 Eminent Domain
• It is the right or power of the State or of those
who to whom the power has been lawfully
delegated to take private property for public
use upon paying to the owner a just
compensation to be ascertained according to
law.
 POLICE POWER
• It is the power of the State to enact such laws
or regulations in relation to person and
property as may promote public health, public
morals, public safety, and the general welfare
and convenience of the people.
 SECTION 10
• No law impairing the obligation of
contracts shall be passed.
 OBLIGATION OF A CONTACT

• It is the law or duty which binds the parties

to perform their agreement according to its
terms or intent, if it is not contrary to law,
morals, good, customs, public order, or public
policy.