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Article III - Bill of Rights PDF
Article III - Bill of Rights PDF
Political Science
&
Philippine Constitution
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
Political Science
&
Philippine Constitution
ARTICLE III
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
BILL OF RIGHTS
CONCEPT OF A BILL OF RIGHTS
- Meaning:
- Meaning of Taxes.
Constructive taking:
1. NATURAL RIGHTS.
2. CONSTITUTIONAL RIGHTS
3. STATUTORY RIGHTS
CLASSES OF RIGHTS
1. NATURAL RIGHTS.
- For example:
The right to life
The right to love
The right to marry.
CLASSES OF RIGHTS
2. CONSTITUTIONAL RIGHTS.
- They are those rights conferred upon the citizens by the
Constitution.
3. STATUTORY RIGHTS.
1. POLITICAL RIGHTS.
- They are such rights of the citizens which give them power to
participate, directly or indirectly, in the establishment or
administration of the government as the right to suffrage, the
right to assemble and petition, freedom of speech and of the
press.
2. CIVIL RIGHTS.
They are such 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 as the right against
involuntary servitude, the right to non-impairment of obligation
and contract, the right to non-imprisonment for non-payment of
debt or poll tax.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
- The State and the individual must peacefully co-exist with each
other.
STATE AUTHORITY & INDIVIDUAL FREEDOM
3. 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.
SECTION 1. RIGHT TO DUE PROCESS OF LAW &
EQUAL PROTECTION OF THE LAW
Fine
Damages
Forfeitures
Revocation of license or franchise
Confiscation of property through eminent domain
Attachment
Garnishment
SECTION 1. RIGHT TO DUE PROCESS OF LAW &
EQUAL PROTECTION OF THE LAW
SCOPE OF PROTECTION.
1. Natural Person embraces all persons within the
territorial jurisdiction of the Philippines, without regard to
any differences of race, color or nationality, including
aliens.
JUDICIAL PROCEEDINGS
1. An impartial court clothed by law with authority to
hear and determine the matter before it.
SEC. 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 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.
SEC. 2. RIGHT AGAINST UNREASONABLE
SEARCHES & SEIZURES
DEFINITION OF TERMS
1. SEARCH WARRANT is an order in writing, issued in the
name of the People of the Philippines, signed by a judge a
directed to a peace officer, commanding him to search for
personal property and bring it before the court. (Sec. 1, Rule
126, Rules of Court).
WARRANTLESS SEARCHES
1. Where there is consent or waiver.
2. Where search is an incident to a lawful arrest.
3. Where search is made in a moving vehicle.
4. Where search is made in plain view.
5. Where search is made in the exercise of the police power of
the State.
6. Where search is made in the enforcement of customs and
immigration laws.
7. Where search is made in stop and frisk conducted at military or
police checkpoints.
SEC. 2. RIGHT AGAINST UNREASONABLE
SEARCHES & SEIZURES
SEC. 3.
Scope of Protection.
LIBERTY OF TRAVEL
the right of a person to go where he pleases without
interference from any source.
LIMITATIONS TO THE RIGHT TO TRAVEL
The right to travel can be restricted by the State on the
following situations:
1. National security.
2. Public safety.
3. Public health.
SEC. 7. RIGHT TO INFORMATION
RIGHT TO INFORMATION
ESSENTIAL REQUISITE
The purpose of the association shall not be
contrary to law.
SEC. 9. THE RIGHT AGAINST UNREASONABLE
TAKING OF PRIVATE PROPERTY
IMPAIRMENT
Anything that diminishes the efficacy of the contract.
OBLIGATION
The juridical necessity to give, to do, or not to do.
CONTRACT
The meeting of minds between persons whereby one
binds himself with respect to the other to give
something or to render service.
SEC. 10. RIGHT TO NON-IMPAIRMENT OF
CONTRACTS
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to the rehabilitation of victims of torture
or similar practices, and their families.
SEC. 12. RIGHTS OF PERSON UNDER CUSTODIAL
INVESTIGATION
CUSTODIAL INVESTIGATION
It includes:
RIGHTS PROTECTED
1. MIRANDA RIGHT.
RIGHTS PROTECTED
1. MIRANDA RIGHT.
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHTS:
a. TO REMAIN SILENT; AND
b. TO HAVE A COMPETENT AND INDEPENDENT COUNSEL
PREFERABLY OF HIS CHOICE.
RIGHTS PROTECTED
1. MIRANDA RIGHT.
THE RIGHTS:
a. TO REMAIN SILENT; AND
b. TO HAVE A COMPETENT AND INDEPENDENT COUNSEL
PREFERABLY OF HIS CHOICE.
REQUISITES FOR THEIR VALID WAIVER:
1. The waiver must be in writing.
2. The waiver must be signed in the presence of
counsel preferably of the choice of the person
who makes the waiver.
SEC. 12. RIGHTS OF PERSON UNDER CUSTODIAL
INVESTIGATION
RIGHTS PROTECTED
2. THE RIGHT AGAINST THE USE OF TORTURE, FORCE,
THREAT, INTIMIDATION OR ANY OTHER MEANS.
3. THE RIGHT AGAINST SECRET DETENTION, SOLITARY,
INCOMMUNICADO, OR OTHER SIMILAR FORMS OF
DETENTION.
4. THE RIGHT OF VICTIMS OF TORTURE OR SIMILAR
PRACTICES AND THEIR FAMILIES TO COMPENSATION AND
REHABILITATION.
SEC. 12. RIGHTS OF PERSON UNDER CUSTODIAL
INVESTIGATION
EXCLUSIONARY RULE
Any admission or confession obtained in
violation of the Rights under custodial
investigation shall be inadmissible in evidence
in court proceedings.
SEC. 13. THE RIGHT TO BAIL
BAIL
THE SECURITY GIVEN FOR THE RELEASE OF THE
PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM
OR A BONDSMAN, CONDITIONED UPON HIS
APPEARANCE BEFORE ANY COURT AS MAY BE
REQUIRED.
KINDS OF BAIL
1. CASH BOND/DEPOSIT.
2. PROPERTY BOND.
3. SURETY BOND. THE BONDSMAN GUARANTEES THE
APPEARANCE OF THE ACCUSED DURING THE TRIAL.
SEC. 13. THE RIGHT TO BAIL
KINDS OF BAIL
1. CASH BOND/DEPOSIT.
2. PROPERTY BOND.
3. SURETY BOND.
4. RECOGNIZANCE. A FORM OF BAIL WHEREBY THE
ACCUSED IS PLACED UNDER THE CUSTODY OF A
RESPECTABLE MEMBER OF THE COMMUNITY AND
WHO WILL GUARANTEE THE APPEARANCE OF THE
ACCUSED DURING THE TRIAL, OR THE ACCUSED
RENDERS VOLUNTARY SERVICE AS MAY BE
DETERMINED BY THE COURT.
SEC. 13. THE RIGHT TO BAIL
TABLE OF PENALTIES AND THEIR RESPECTIVE PERIODS
PENALTY PERIOD
DEATH NOT APPLICABLE
RECLUSION PERPETUA 20 YEARS AND 1 DAY TO 40 YEARS
RECLUSION TEMPORAL 12 YEARS AND 1 DAY TO 20 YEARS
PRISION MAYOR 6 YEARS AND 1 DAY TO 12 YEARS
PRISION CORRECCIONAL 6 MOS. AND 1 DAY TO 6 YEARS
ARRESTO MAYOR 1 MO. AND 1 DAY TO 6 MOS.
ARRESTO MENOR 1 DAY TO 30 DAYS