Professional Documents
Culture Documents
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
or for practical reasons. Thus an offender may be the commission of the offense, it is a warrant of
arrested pending the filing of charges, or an arrest.
officer or employee may be suspended pending
an investigation for violation of civil service rules Gen. rule: search and seizure conducted without
and regulations. requisite warrants are illegal.
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
(2) Any evidence obtained in violation of this or enjoyment of religious profession and worship,
the preceding section shall be inadmissible for without discrimination or preference, shall
any purpose in any proceeding. forever be allowed. No religious test shall be
RA 4200 Anti-wire Tapping act – any person not required for the exercise of civil or political
authorized to any communication, secretly rights.
record such communication by means of tape
recorder is punishable by law. Religion may be defined as any specific system of
a telephone extension line is not covered. belief, conduct, etc., often involving a code of
ethics and a philosophy.
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the State cannot set up a church.
press, or the right of the people peaceably to They cannot pass laws which aid or prefer 1
assemble and petition the government for religion over another.
redress of grievances. Cannot influence a person to go to or remain
away from church against his will.
on expression- violating when it is Concept:
obscene(something that arouses the senses) Right to believe, which is absolute
….provided not to do any personal attack. Freedom to act on that belief, which can be
regulated by the state because it may affect
Press: public humiliation: society.
Slander by oral defamation
Slander by deed Section 6. The liberty of abode and of changing
Libel-uses media the same within the limits prescribed by law
shall not be impaired except upon lawful order
Tests for valid gov’t interference to freedom of of the court. Neither shall the right to travel be
expression: impaired except in the interest of national
CLEAR AND PRESENT DANGER RULE – clear security, public safety, or public health, as may
means that the danger is serious as when be provided by law.
somebody calls on the people to take up arms
against the gov’t. present means that the danger
is imminent. When the speaker shouts at a public Includes:
place “lets take up arms!” but everybody just Right to choose one’s residence.
laughs at him, there is no present danger. To leave it whenever he pleases.
DANGEROUS TENDENCY RULE – highly And to travel where he wills.
unacceptable criterion, chosen obviously to Restrictions:
discourage attacks on the admin. Lawful order of the court.
BALANCE OF INTEREST TESTS - duty of the court National security, public safety or public health.
to determine of the 2 conflicting interest
demands the greater protection. Section 7. The right of the people to information
on matters of public concern shall be
If assembly is to be held at a public place, permit recognized. Access to official records, and to
may be required. But it is not necessary if it is to documents and papers pertaining to official
be held in a private place, freedom park or govt- acts, transactions, or decisions, as well as to
owned or operated educational institution. government research data used as basis for
policy development, shall be afforded the
Section 5. No law shall be made respecting an citizen, subject to such limitations as may be
establishment of religion, or prohibiting the free provided by law.
exercise thereof. The free exercise and
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
This right strengthens the idea of transparency in 1. As authority which exercises the power: taxation
the government. and police power are exercised only by the
The right to access to official records is given as government while power of eminent domain may
an implementation of the right to information. be granted to public service companies.
These are political rights that are available to 2. As to purpose: in taxation, the property
citizens only. (generally in the form of money) is taken for the
support of the government; eminent domain, for
Section 8. The right of the people, including public use; police power, property is taken and
those employed in the public and private destroyed for general welfare.
sectors, to form unions, associations, or 3. As to effect: in taxation, the money contributed
societies for purposes not contrary to law shall becomes part of public funds; in eminent
not be abridged. domain, there is a transfer of the right to
Right to form association shall not be impaired property whether it be ownership or a lesser
without due process of law. right; and in police power, there is no such
transfer; at most, there is a restraint in the
Section 9. Private property shall not be taken for injurious use of property
public use without just compensation. 4. As to persons affected: taxation and police power
operate upon a community or a class of
police power- the power of the state to enact individuals, while eminent domain operates on
such laws or regulations in relation to persons an individual as the owner of a particular
and property as may promote public health, property
public morals, public safety, and the general 5. As to benefits received: in taxation, it is assumed
welfare and convenience of the people. that the individual receives the equivalent of the
taxation- power of the State to impose charge or tax in the form of benefits and protection he
burden upon persons, property, or property receives from the government; in eminent
rights, for the use and support of the government domain, he receives just compensation for the
and to enable it to discharge its appropriate property expropriated; in police power, the
functions. compensation of the individual is not immediate
Taxes- enforced proportional contributions from and usually annoyance and financial loss are
persons and property levied by the lawmaking caused to him
body of the State by virtue of its sovereignty for
the support of the government and all public Section 10. No law impairing the obligation of
needs. contracts shall be passed.
Power of eminent domain – it is the compulsory Contract – agreement between 2 parties, that
power of the state to take private property which contains the rights and obligation of the
intended for public use subject only to the parties.
payment of just compensation. obligation of a contract- law or duty which binds
It can reach even private property already the parties to perform their agreement according
dedicated for public use or even devoted to to its terms or intent, if it is not contrary to law,
religious worship. morals, good customs, public order, or public
Regulated, not compensated. Taking, must be policy
compensated.
Just compensation – just and complete Section 11. Free access to the courts and quasi-
equivalent of the loss or its market value which judicial bodies and adequate legal assistance
the owner of the thing expropriated has to suffer shall not be denied to any person by reason of
by reason of the expropriation. poverty.
Those who have less in life should have more in
Distinctions among the 3 powers: law.
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
person at a designated time and place, with the or detainee or the use of substandard or
day and cause of his capture and detention, to inadequate penal facilities under subhuman
do, to submit to, and receive whatever the court conditions shall be dealt with by law.
or judge awarding the writ shall consider in his Heinous crimes- offenses that are exceedingly or
behalf. flagrantly bad or evil or those committed with
It lies only where the restraint of a person’s extreme cruelty as to shock the general moral
liberty has been judicially adjudged to be illegal sense. ( i.e. treason, parricide, drug-trafficking,
or unlawful. murder, robbery with homicide, rape with
Writ of Amparo – remedy available to any person homicide, etc. especially if the crime is
whose right to life, liberty and security is violated committed against children or defenseless
or threatened with a violation with an unlawful people.)
act or omission of a public official or employee,
or of a private individual. Section 20. No person shall be imprisoned for
debt or non-payment of a poll tax.
Section 16. All persons shall have the right to a Debt- any liability to pay money arising out of a
speedy disposition of their cases before all contract, express or implied.
judicial, quasi-judicial, or administrative bodies. Poll tax(personal or capitation tax) – tax of a fixed
It applies to all kinds of proceedings at all stages, amount imposed on individuals residing within a
whether for the first instance, review or appeal. specified territory, whether citizens or not,
without regard to their property or the
Section 17. No person shall be compelled to be a occupation in which they may be engaged. (i.e.
witness against himself. community tax)
Right against self-incrimination – this right
protects the person from a situation wherein he Section 21. No person shall be twice put in
may be convicted if he tells the truth or he will be jeopardy of punishment for the same offense. If
prosecuted for giving false testimony if he tells an act is punished by a law and an ordinance,
falsehood. conviction or acquittal under either shall
Section 18. (1) No person shall be detained constitute a bar to another prosecution for the
solely by reason of his political beliefs and same act.
aspirations. When a person was charged with an offense and
(2) No involuntary servitude in any form shall the case was terminated by acquittal or
exist except as a punishment for a crime conviction or in any other manner without his
whereof the party shall have been duly consent, he cannot be charged with the same or
convicted. identical offense.
Gen. rule, no Involuntary servitude shall exist.
Exp: a. as punishment for a crime When there is double jeopardy (requisites):
Service in defense of the state a. he has been previously brought to trial;
b. in a court of competent jurisdiction;
Section 19. (1) Excessive fines shall not be c. under a valid complaint or
imposed, nor cruel, degrading or inhuman
information(sufficient in form and
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling substance);
reasons involving heinous crimes, the Congress d. has been arraigned and pleaded to the
hereafter provides for it. Any death penalty charge;
already imposed shall be reduced to reclusion e. has been convicted or acquitted or the
perpetua. case has been dismissed or terminated;
(2) The employment of physical, psychological,
or degrading punishment against any prisoner
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PHILIPPINE CONSTITUTION [ARTICLE III] BILL OF RIGHTS
Kinds:
1. Law making an act criminal which was not so
before its passage.
2. law aggravating the crime.
3. inflicting a greater or more severe penalty.
4. altering the legal rules of evidence in order to
convict the accused.
5. imposes a penalty of deprivation of right for
something which when done was lawful.
6. depriving accused of some lawful protection to
which he had been entitled.
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