1987 PHILIPPINES CONSTITUTION
Civil rights
ARTICLE 3: BILL OF RIGHTS
•Concept of a bill of rights
- it is a charter of liberties for the individual
and limitation upon the power of the states.
- in a democratic or republican state, the
lowliest in economic or social status are
equal to the richest or most influential
because they, too, are endowed with
human dignity.
•Bill of rights is the declaration and
enumeration of a person’s right and privileges
which the Constitution is designed to protect
against violations by the government, or by an
individual or groups of individuals.
•Classes of rights
1. Natural Rights
- Right granted by God to human being
- possessed by every citizen without
being granted by the state
Examples:
Right to life
Right to property
Right to love
2. Constitutional rights
- Rights which are conferred and
protected by the Constitution
3. Statutory right
-Rights which are provided by laws
promulgated by the law-making body and may
be abolished by the same body.
-Right to receive a minimum wage
-Right to adopt a child
•Classification of constitutional rights
1. Political rights
-Rights of the citizens which give them
the power to participate, directly or indirectly, in
the establishment or administration of the
government.
-right of citizenship
-right to suffrage
-right to information
2.
-Right of private individuals for the
purpose of securing them the enjoyment of
their means of happiness.
-Right to due process
-Right against involuntary servitude
-Right of the accused
-Religious Freedom
3. Social and Economic rights
-Rights which are intended to ensure the
well-being and economic security of the
individual.
-Right to education
-Right to the conversion and utilization
of natural resources
4. Right of the accused
-They are the (civil) rights intended for
the protection of a person accused of a crime.
-right against unreasonable search and
seizure
-right to the presumption of innocence
-right to speedy, impartial, and publictrial
States’ authority and individual freedom
1. State, an instrument to promote both
individual and social welfare
- The concept of laizze faire
(unrestricted freedom) and restricted freedom.
2. Conflict between individual rights and group
welfare
-individual vs. group
- few vs. many
3. Balancing of individual and group rights and
interests
-controlled power vs. absolute power
-controlled liberty vs. absolute liberty
•Section 1. No person shall be deprived of life, -Private corporations are also considered to be
liberty, or property without due process of law, a person.
nor shall any person be denied the equal
protection of the laws. •Meaning of life
-Life v.s. Existence
•Meaning of due process -It extend to all the limbs and faculties by which
•Due process of law life is enjoyed.
-under the authority of a law that is valid
-compliance with fair and reasonable •Meaning of liberty
methods of procedure prescribe by law. -Not merely freedom from physical restrain
(e.g. imprisonment)
•Aspect of due process of law Freedom of speech
A. Procedural due process The right to travel
-Method or manner by which the law is
enforced. •Meaning of Property
-A procedure “which hears before it -It refers to the thing itself or the right over a
condemns, which proceeds upon inquiry, thing
and renders judgement only after trial.” -The Right to own, use, transmit and even
destroy subject to the right of a state and of the
Indispensable Requisites: other persons
1. The Right to notice
2.The Right to hearing •What constitutes deprivation?
1. Deprivation of life
In judicial proceedings, it requires: -not merely the extinction of human existence
1. Impartial court -loss of any of the various physical and mental
2. Jurisdiction lawfully acquired over a person attributes (e.g. limbs, eyes, brain, power of
3. Opportunity to be heard given to the reproduction, etc.)
defendant -The right to life is the very foundation of
-Call for witness human rights
-Present evidence
4. Judgement after trial 2. Deprivation of liberty
Illustration: -To constitute deprivation of liberty, it is not
An accused has been charged with an necessary that a person be detained or
offense ( e.g. theft) convicted of another (e.g. confined.
robbery) -The right to travel
B. Substantive Due process -The right to abode
-law that would be enforce is fair, 3. Deprivation of property
reasonable, and just. -With reference to property, it is not
FAIR-X-Anti-poor necessary that it be physically taken away from
REASONABLE-X-Cruel and inhumane one entitled to it.
punishment
•Meaning of equal protection of the laws
•Persons protected -All persons subject to legislation should be
-All persons within the territorial jurisdiction of treated alike, under like circumstances and
the Philippines. conditions both in the privileges conferred and
-Without regard to any difference of race, color, liabilities imposed.
or nationality including alien.
-Equality vs. Equity
*Class Legislation
-Discriminate against some and favor
others when both are similarly situated or
circumstances
-Example: Students outside and inside
Manila have access to different types of
books.

•Reasonable classification permitted

-Classification is reasonable
1. Foreign corporations are made to pay higher
amount of taxes than that paid by domestic
corporations.

2. Certain professions ( e.g. sumo wrestling is

limited to person of male sex).

3. Certain privileges for leaves and shorter

hours of labor extended to women.
(by reason of the physical structure and
maternal functions of women) are not extended
to men.

4. Preference is given to Filipino citizens (as

aliens) in the lease of public market stalls.
5. Different professions are taxed at different
amounts.

6. Employment in factories of children under

designated ages is prohibited.