BILL OF RIGHTS – Declaration and 9.
IMAPARTIALLY AND NON-
enumeration of person’s rights & privileges. DISCRIMINATION – same rules &
Fundamental characteristic of republican same degree of diligence
system. Charter of liberties for indiv. 10. DIGNITY - protect dignity
SIGNIFICANCE OF BILL OF RIGHTS BILL OF RIGHTS (SEC. 1) – No person shall be
- Govt. id powerful. When unlimited, it deprived of life, property w/o due process
becomes tyrannical of law.
BASIC CLASSIFICATION OF RIGHTS ASPECTS OF DUE PROCESS OF LAW
1. NATURAL RIGHTS - inherent to a PROCEDURAL DUE PROCESS – refers
person as creation of God to the method or manner by which
2. CONSTITUTIONAL RIGHTS – granted & the law is enforced, the procedure.
protected by constitution SUBSTANTIVE DUE PROCESS – which
3. STATUTORY RIGHTS – provided by requires that the law itself.
laws which are granted by WARRANT OF ARREST – Order in writing,
legislature issued in the name of the people of the PH
CLASSIFICATION OF CONSTITUTIONAL RIGHTS signed by judge and directed to peace
A. POLITICAL RIGHTS – participate in the officer, to arrest person & take him to
affairs of the govt. custody.
B. CIVIL RIGHTS – pursuance of HABEAS CORPUS – Latin, meaning “you have
individual happiness & development the body”, produce the prisoner at
C. SOCIAL AND ECONOMIC RIGHTS – designated time and place to determine if
ensure the well-being & economic custody is legal.
security od individual WRIT OF HABEAS CORPUS – Order issued by
CIVIL RIGHTS UNDER ARTICLE-III, SECTION-4 court of competent jurisdiction, directing the
FREEDOM OF SPEECH – free to speak person detaining another, to produce the
RIGHT TO A FREE PRESS – free to write, body of the prisoner, to show sufficient
publish cause for holding in custody of the
10 BASIC RIGHTS OF ACCUSED PERSONS IN individual.
CRIMINAL PROCEEDINGS SEARCH WARRANT – Order in writing, signed
1. PRESSUMPTION OF INNOCENCE by a judge and directed to a peace officer,
2. FREEDOM FROM SELF INCRIMINATION commanding him to search for certain
– no one must be forced to personal property and bring it before the
incriminate himself court.
3. RIGHT TO HEARING AND EFFECTIVE SCOPE OF PROTECTION
REMEDY – right to remain silent PERSONS – applies to everybody
4. SWIFTNESS OF JUSTICE – justice HOUSES – not limited to dwelling
delayed is justice denied houses, also garage, warehouse
5. ACCESS TO COUNSEL AND OTHER even safety deposit vault
ASSISTANCE – defendant must be PAPERS AND EFFECT – sealed letters &
allowed access to lawyer of his package in the mail which may be
choosing open & examined only in pursuance
6. EQUAL FIGHTING CHANCE - of valid search warrant
7. TRANSPARENCY – criminal may hold REQUISITES FOR VALID SEARCH WARRANT OR
their meeting behind closely WARRANT OF ARREST:
guarded doors ● issued upon probable cause
8. PROPORTIONALITY OF MEANS – not ● must be determined by the judge
everything can be done to convict ● The existence of probable cause
criminal must be done must be after examination by the
judge of the complainant and the proceedings of law free from
witnesses he may produce oppressive delays.
● The warrant must particularly 2. IMPARTIAL TRIAL – no man can be
describe the place to be searched, judged in his own case & is permitted
and the persons or things to be to try cases where he has an interest
seized. 3. PUBLIC TRIALS – open to all
PROBABLE CAUSE – Sufficient ground to a WRIT AMPARO – issued when the right to life,
liberty or security of person is violated
well-founded belief that crime has been
EXTRA LEGAL KILLINGS – “those committed w/o
committed and the respondent is probably
due process of law”
guilty and should be held for trial.
ENFORCED DISAPPEARCANCE – “an arrest,
RIGHT AGAINST UNREASONABLE SEARCH
detention or abduction of a person; refusal of
AND SEIZURE state to disclose the fate of the person
1. PROPER PARTY TO INVOKE RIGHT – RIGHTS AGAINTS SELF-INCRIMINATION – no
the legality of a search and seizure person shall be a witness against himself
can be contested only by the party PUBLIC POLICY – they would be place
whose personal rights were involved. under strongest temptation to commit
2. RIGHT SUBJECT TO WAIVER – crime of perjury
without a proper search warrant, no HUMANITY – prevent extortion of
one has the right to enter the confession by duress
premises of another without consent RIGHTS TO SILENCE – failure/ refusal to
for the purpose of search and testify, may not be used as a
seizure. presumption of guilt
RIGHTS TO PRIVACY – Right to be left alone, RIGHTS AGAINTS CRUEL, DEGRADING,
right to be free from undesired publicity INHUMAN PUNISHMENT
BAIL – Security required by a court for 1. FORM OF PUNISHMENT – cruel when
provisional/ temporary release of a person torture, death, burning alive,
PURPOSE AND FORM OF BAIL mutilation, starvation is involved. e.g
1. To relieve an accused from Destierro/ Banishment is not cruel
imprisonment until conviction and yet 2. QUANTITY OR DURATION OF
secure his appearance at trial PUNISHMENT – life imprisonment is not
2. Form of cash deposit, property bond, cruel when major crime is committed
bond secured from surety company or but it is cruel if imposed for petty crime
recognizance SPEECH AND EXPRESSION – any form of oral
ARRAIGNMENT – made in open court by utterances
judge/clerk, consist in furnishing the accused a THE PRESS – covers sort of publications,
copy of complaint or info w/ the list witnesses. newspapers. Radio & television as instrument
Guilty or not guilty of mass communication may also be included
RIGHT TO BE INFORMED OF THE NATURE AND PRIOR RESTRAINT – scheme which gives the
CAUSE OF THE ACCUSATION AGAINST HIM govt. or public officials the power to deny a
1. SPECIFIC ALLEGATIONS OF CRIME person of his right of expression. It may be valid
CHARGED – offense which a person is or invalid
accused of be made known to him OBSCENITY – “hard core” pornography that is
2. REMEDY OF THE ACCUSED WHOSE so offensive and lacking in social value
RIGHT IS VIOLATED – accused has BATAS PAMBANSA BILANG 880 – “Act
been charged of an offense and Establishing the free exercise by the people of
convicted of another, where no their right peaceably to assemble and petition
arraignment the govt. and for other purposes
RIGHTS TO HAVE A: PUBLIC ASSEMBLY – any rally, march, parade or
1. SPEEDY TRIAL – conducted according any form of mass action held in a public place
to fixed rules, regulations, and
PUBLIC PLACE – any open space of public
ownership where people are allowed
MAXIMUM TOLERANCE – highest degree of
restraint during public assembly
MODIFICATION PERMIT – change of place and
time of the public assembly, rerouting of
parade or street march
Note:
● The application shall be filed with the
Office of the Mayor of the City or
Municipality in whose jurisdiction the
intended activity is to be held, at least
5 working days before the scheduled
public assembly.
● The mayor or any official acting in his
behalf shall act on the applications
within 2 working days from the date
the application was filed, failing which,
the permit shall be deemed granted.