BILL OF RIGHTS
Article III, 1987 Philippine
Constitution
Definition
• Constitutional Law
– is the study of the maintenance of the proper
balance between authority as represented by
the 3 inherent powers of the state and liberty
as guaranteed by the Bill of Rights
LAWS
BILL OF
RIGHTS INHERENT
POWERS
PEOPLE GOVERNMENT
BILL OF RIGHTS
• A set of prescriptions setting forth the
fundamental civil and political rights of the
individual, and imposing limitations on the
powers of government as a means of
securing the enjoyment of those rights.
DUE PROCESS
• Art. III, Sec. I
– 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.
• Art. III. Sec. 14 (1)
– Section 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
DUE PROCESS
• DEFINITION
– That which hears before it condemns, which
proceeds upon inquiry and renders judgment
only after trial (Darmouth College v.
Woodward, 4 Wheaton 518)
DUE PROCESS
• Meaning of Life, Liberty, and Property
– Life
• As understood under the due process clause
connotes in the first place the integrity of the
physical person
– Liberty
• The freedom to do right and never wrong
– Property
• Anything that can come under the right of
ownership and be the subject of contract
DUE PROCESS
• KINDS
– SUBSTANTIVE DUE PROCESS
– PROCEDURAL DUE PROCESS
– ADMINISTRATIVE DUE PROCESS
DUE PROCESS
• SUBSTANTIVE DUE PROCESS
– Requisites:
• the Interest of the public in general, as
distinguished from that of a particular class require
the intervention of the state;
• means employed are reasonably necessary for
accomplishment of purpose and not unduly
oppressive.
DUE PROCESS
• Procedural Due Process
– Publication Requirement
– Impartial Court or Tribunal
– Prejudicial Publicity
– Notice and Hearing:
DUE PROCESS
• Administrative Due Process
– Requisites
• Right to a hearing
• Opportunity to present his case and to adduce evidence
• The decision must have a legal basis
• There be some evidence to support a finding or conclusion
• The decision must be based on the evidence presented
• The judge must act impartially and on its own independent
discretion
• The decision must be explained
EQUAL PROTECTION
• CLASSIFICATION
– The grouping of persons or things similar to
each other in certain particulars and different
from all others in these same particulars.
EQUAL PROTECTION
• REQUISITES OF VALID CLASSIFICATION
(1) such classifications rest on substantial
distinctions;
(2) they are germane to the purposes of the law;
(3) they are not confined to existing conditions;
and
(4) they apply equally to all members of the
same class.
ARRESTS, SEARCHES AND
SEIZURES
• Art. III, Sec. 2 and 3
– 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.
– 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.
ARRESTS, SEARCHES AND
SEIZURES
• To Whom Directed
– GOVERNMENT
ARRESTS, SEARCHES AND
SEIZURES
• Who May Invoke the Right?
– Only by the person affected
ARRESTS, SEARCHES AND
SEIZURES
• Conditions for a valid warrant
– Probable Cause
• Facts and circumstances antecedent to the
issuance of the warrant that in themselves are
sufficient to induce a cautious man to rely on
them and act in pursuance thereof.
– Personal determination by judge
– Examination of witnesses
– Particularity of description
ARRESTS, SEARCHES AND
SEIZURES
• Warrantless Arrests
– In flagrante delicto
– When an offense has just been committed,
and he has probable cause to believe based
on personal knowledge of facts or
circumstances that the person to be arrested
has committed it
– Fugitives
ARRESTS, SEARCHES AND
SEIZURES
• Objects of Seizure
– Sec. 2. Personal property to be seized. – A
search warrant may be issued for the search
and seizure of personal property:
• (a) Subject of the offense;
• (b) Stolen or embezzled and other proceeds, or
fruits of the offense; or
• (c) Used or intended to be used as the means of
committing an offense. (2a)
ARRESTS, SEARCHES AND
SEIZURES
• Warrantless searches
– a) Valid Waiver
– b) Incident to lawful arrest
– c) Plain view doctrine
– e) Enforcement of fishing, customs and
immigration laws
– f) “Stop and frisk”
– g) Search of moving vehicles
– h) Emergency circumstances
– i) Checkpoints
– j) Inspection of buildings