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    Bill of Rights PDF

    Uploaded by

    Jemaleen Pablo

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    © All Rights Reserved
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    Cogne pvete Uyoe fe WAL J) ee agra the pct Br Sep fe Bp ; fe force peer = eheagert re ‘in of Rights ‘The study of Billof Rights Is just lke the study of the Constitution. How BoR feted into our jurisprudence ‘and our laws. It’ 9 mectlanism by which the rights of the people are protected. It is very much lke Constitution The constitution is invented because ofthe enormous powers of government and we have dicusied time and ‘gain the principle powers of the government which Plc Power, Power of Eminent Domain and Power of ‘Taxation. eens yorer Cy venient In the same vein that the BoR is very much like our Constitution. In our Constitution it is taken on a holstic point of vew such thatthe Constitution enumerates, creates the fundamental structure of government. Im the BoR, itis kewise a protection of the citizen from the state, very much like the Constitution because of the ‘enormity of the powers of the Government. ‘Why are there so many rights of an accused? itis shown in the BoR Sec, 12, Sec. 14 and Sec, 17 at is not shown in the Constitution an enumeration of the rights of the victim? All that is shown are the rights of an accused. The protection is given to the accused but none for the victim. That is why in Criminal Cases we eal {he victims are the people themselves; they are the one that was hurt by the commission of the crime. That is why Ris “People of the Phitippines 2 Accused” 1 ‘Comes with that is the entire machinery of the government, the police, the fiscal, the justice system, the ‘Prosecutors and anything the president can pour in to prosecute. That is why; we also have to protect the rights of the accused. So therefore, the rights enumerated in the BoR are the balancing act. in balancing the enorr:ous powers of the a ‘and the rights of the gover, very much fike the constitution. That is why the BoR. is invented, Irnioheas ‘60 epee? of Ae cicke by site In simple ems what iB of Rights? 4st, an enumeration of igh, alt ofthe most imporant rights of citizens. The‘ purpose s to protect these rights from infingement’ ‘much like the right against unreasonable search and seizure. Iti a natural right acco Puno, even if no there is no BOR, ths right must be protected because itis a natural right. That is the coco at Republc ofthe Philippines v. Sandiganbayan Gr. No. 204768, lly 21,2002. This involves a case arsing tom search and seizure during the interregnum after the EDSA Revolution and Constitution on February 26, 1986 to March 24, 1986. tis when the Free adapted by former President Cory Aquino. before the proclamation of the freedom edom Constitution was promulgated and uring this time, a search and seizure was conducted, ‘time when everything was uncontrolled. In the house of Dimaar seized by the authorities. In the trial, Dimaano questioned ‘because the manner of the issuance of the search warrant wants to exclude evidences (under the exclusionary rules of ‘against her. We will learn in Sec. 2 that the properties se bbe excluded and cannot be used as evidence because:it In the house of Miss Elizabeth Dimaano. it was a no, there were contrabands. There were propefties the search, saying that it was an unlawful search ‘was not in accordance with law. Secondly. Dimdano the BoR) that were taken from her house as evidence zed during a violation against unreasonable search may 's unlawfully obtained. There is an exclusionary rule. So foe 1a or ld de oo tos A prime te ome —thangisn co wie: of Nef x Nee Ok 1 Petct cloec in the main case the majgrity decision is even if there was no BOR to speak of, it cannot be exchided never the less ‘the SC did not allow the properties seized to be used as evidence. In fact the SC said that it must be retumes because itis not considered as contraband. Pune tok issue with the majority opinion because the majorty opinion sad that there wat no BOA at the time ofthe rach therefor Dimaano cannot use the Bok as defense, Orraane cant Gass v neve spoon unreatonable search and seizure and alo she does’t have the right tik forte ecsion of te eserce obtained during the alegely egal search. The concuring opinion oC) Puno nowt ne std ns tue or oe ‘as no Constitution dung that time meaning ther sno BoR, he duagreed withthe marty opmionn seve {hat there is no reht agaist unreasonable search and seizure and that there no gt to excuion nether won © Puno contrary to the ive sad that even there was no Bot speak during the seach there stale nono! "ght because the right against unreasonable serch and seizure and the ght of exclusion of what uriny taken a right tats keen and goes with the ght to ie, Uberty and Property and theses ight e aay there for long youare a human being, Risa human eight therfore a natural ighe sami cabarebiiraniairer Ge! In this case, Cl Puro meray touched onthe igh agains unreasonable search and seture; we can asirne that there are also other rights of Fupino zen eventhough ther sno BOR Rataches to the eisen mercy because he isa cite, coud be partota ght Le bere and eroperybacsuse toe nar eeh SSE estore enereyt bs 76 ft coded b BR shat of England on 1689, though Engnd areay has Magna Cara as eaey 1215. The US had oR on 7, 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. What secon 1 is saying that there i already right to Lie, Ube and Property, protects these rights Section 1 teling us the laws protect everybody equal. There ia protection from the law even # there is no. O° Pape be oR, The BOR contains mandates agant the sate; everything that ou fed on the BR is mandated aginst the | Kengo nk state, Why? Because BOR is invented to protect citizen against thesiates” == wh epee a op “ATE 808 apps only to aFipino chien, te or fae? Tere is only one Section in the Bon thats =O TS 2pplicable only to Flipino citizen all others ae applicable to citizens and foreigners. ti Section 7 which is dedicated ont to Flipino citizens. Ceerimty eho co ale PM -prsthchee ) Ain we are reminded on what was prevoly stated in the Coston tht the iden of the Government is brought about two social ales Power and Freedom, thereto gorerence a te desea og belicng he Power ef the Goverment and he endom ofthe Goren The BoR is a restriction of the great power of the Goverment, a protection against abuse of power itis ‘shways directed against the State. Governance isa delicate art of balancing the Power of ‘the Government and the Freedom of the Govern. | hay of ova: onericontine in ee gt powen: Pole our, Fou Eien Domain ard Power ation A conston det net ned to gn such powers ects tay Hho Dower wahout hich foremmentcaenst \ Police Power has been characterized as the most exsential insistent and the least limiable of powers, ‘against Power of Eminent Domain and Powar of Taxation extending as it does to all the great public needs. in Ermita Malate Hotel and Motel Operators Associations inc. vs. Mayor of Manila GR. No. .-24693, July 31, 1967 al re eget hc Fok Otten ve Roe Cham nut ter oapicetle ee red (oe aqatmt owey be cera Eby dhe Keto! gav't 1-Police Power is defined in the following manner; its the inherent and plenary power in the State which enables it to prohibit all that Is hurtful to the comfort, safety, and welfare of the society. I is always referred to the General Welfare Clause. Police Pdwer rest upon public necessity and upon the right of the State and of the public to sert- Protection, Police Power |s exercised by the national govemment through the legislative department it may also be delegated within limits to|local governments. \_This has been demonstrated in the case of Femando as Mayor of Marikina vs. St. Scholastica GR. No. 4611707, March 12, 2013. it discusses the delegation of Police power to LGU through the Local Government Code. {tis said that “Police power is the plenary power vested in the legislature to make statutes and ordinances to promote the health, morals, peace, education, good order or safety and general welfare of the people.” The State, through the legislature, has delegated the exercise of police power to local government units, as agencies of the State. This delegation of police power is embodied in Section 1632 of the Local Goverment Code of 1991 (R.A. No. 7360), known as the General Welfare Clause, which has two branches. “The firs, known as the general legislative power, authorizes the municipal council to enact ordinances and make regulations not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon the municipal ‘council by law. The second, known as the police power proper, authorizes the municipality to enact ordinances as may be necessary and proper for the health and safety, prosperity, morals, peace, good order, comfort, and Convenience of the municipality and its inhabitants, and for the protection of their property. Police power has been used to justify public safety measure such as building regulations, the regulations of carrying of deadly weapons, the requirement of rotational participation in patrol duty, regulations of gasoline stations and movie theaters and the use of city roads. The Police Power has been used to justify public health as to. 3 compulsory collection to a city sewerage system, the licensing of practice of medicine, the regulation of the cattle imports and the sale of meat. While in the field of public moral, police power has been used as the basis for judicial approval of legislation punishing vagrancy and classifying a pimp as a vagrant regulation the operation, ing gambling, dance halls, motels and hotels. \-Bat where a municipality refused to give any permit for night clubs and any license for professional dancers, the Court deciared the ordinance unconstitutional; as going beyond mere regulation into prohibition of a profession or calling in which, if property regulated can be legitimate. Dela Cruz vs. Judge Paras cited by Bernas (pages 101-103). | While gambling may be prohibited, when it is allowed, the court will not pass judgment on the choice of the Congress. We now come to remember MAYOR PABLO P. MAGTAJAS & THE CITY OF CAGAYAN DE ORO vs. PRYCE PROPERTIES CORPORATION, INC. & PHILIPPINE AMUSEMENT AND GAMING CORPORATION; this is a conflict between a statute that was enacted by Congress allowing PAGCOR to operate a Casino in CDO which is ‘ageinst on the ordinance of CDO that prohibits gambling. The SC said that a national legislation must prevail. 1Félice Power has been used to justify measures for general welfare; enactments have been upheld regulating the staughter of carabaos, regulating nuisances, laying down rules for the deportation of aliens, anti- feraft laws in other words by this enumeration it shows that Police Power has everything to do with Public Order with putting into order everything for the welfare of the public. Police Power has always been justified for the welfare of the citizens. 2 Section of what are the rights protected under the Rights to due process clause of the Constitution’ the Boh states hs gh tt are protected under te due process laa in Section Iw lind te Due Procett Clause and The Equal P Clause. The second part of section 1 ithe equal protection clause. pA the exercise of Police Power is subject to. :0 f inquiry? in att is concemed, itis always subjected to j eae \quiry? In so far as it affects life, Iberty and property 1 Wihat is the principle yardstick against which the exercise of police power may be measured so that it eras or Saused? Police power must be exercised within the limits set by the constitution ln the words ie the sese of US vs Toribio, the determin Section 1 states the principal power of the state, Police Power, Power of Eminent Domain and Power of ‘Taxation. Principally police power, always consider Police power is a tool of the state to protect its citizen s for their general welfare but it must be ‘regulated. The reach of the due process and equal protection clause touches all persons, the citizens and the ‘aliens, natural or corporate with the exemption of Section 7. tna i the extent of tothe right to Me that is protcted in the Constitution? The consthutona! Protection on to right to life s not about the right to be alive or ones security against physical harm. The right to life includes also the right to a good life. «Does the right to liberty is protected by the due process clause simply means freedom from obey restraints? The core of protected liberty means not merely a freedom from bodily restraints but also the ri the individual to contract, to engage in any common occupations of life, to acquire useful knowledge, to marry, ‘establishes a home and bring up children and to worship God according to the dictates of one’s conscience. | AH isthe extent to the right to the property that is protected by the Constitution? This includes all kinds of property found in the BoR. it has been deemed to include vested tights such as perfected mining claim, or a perfected homestead, ora final judgment. 2 Is there 2 Hierarchy of Rights protected by the Constitution? Yes. There is hierarchy of rights. Meaning there is hierarchy between life, liberty and property. The 1971 Constitutional Convention clearly recognized that the social character of private property, definitely placed proper in a position inferior to life or liberty. \-Th Arroyo vs. De Lima, the SC granted the Temporary Restraining Order in favor of Arroyo adverted to the Fight to life as the most adverted important right protected by the Constitution. Arroyo was supposed to get out of ‘the country to have her treatment and De Lima did not approve because of a hold order but SC denied De Lima ‘and issued a TRO to De Lima and let Arroyo fly out of the country, SC used the right of Life for Arroyo's basis to Bo out of the country but D¢ Lima fled 2 case against her. Aroyo now isnot allowed to leave the country because of the case filed against he Th PHILIPPINE ING MILLS EMPLOYMENT ORGANIZATION vs. PHILIPPINE BLOOMING MILLS CO., INC. and COURT OF INDUSTRIAL RELATIONS G.R. No. L-31195 June 5, 1973 (50 SCRA 189), characterized the importance of the right to life against the right to property. By means of how easily difficult the right to life of the right to property may be tackled by the state. Th€ primacy of human rights over property rights is recognized|The superiority of these freedoms over property rights is underscored by the fact that a mere reasonable or ratipnal relation between the means employed by the law and its object or purpose — that the law is neither arbitrary ‘nor discriminatory nor oppressive — would suffice to validate a law which restricts or impairs property ‘ights.On the other hand, a constitutional or valid infringement of human rights requires a more stringent criterion, namely existence of a grave and immediate danger of a substantive evil which the State has the right to prevent. , Peevichen 18 Ygpter v “40 1 fr Pr ae 5, \WWfiat are the 2 aspects of due process? Procedural and Substantive. A iihat is Substantive due process? As a substantive requirement, itis @ prohibition or arbitrary taws, because when all that the due process laws required were proper procedure then Ife, liberty and property can be destroyed, arbitrarily proper forms are observed. = -mode 1A a procedural requirement, it relays chiefly to the ‘of which the government agencies must follow in the enforcement and application of laws. Its essence {s a guarantee of procedural faimess which was expressed by Daniel Webster, as a law which hears before it condemns. In the early history of American Due Process, due process was understood to relay,procedures which govt. agencies must follow. rover eh y4o Why are there pifferent requirements of procedural due process? Because there are requirements of procedural due process in judicial proceedings, in administrative proceedings, in student discipline cases at least pends on circumstances. The requirement varies to the fon these 3 instances. WHy? Because due process of law subject matter and the hecessities of the situation surely an administrative case have a different situation to 2 judicial case. y The requirement of due process on judicial proceedings as to Banco Espanol Filipino vs. Palarca, presents the essentials of procedural fairness in judicial proceedings. (1) There riust be a court or tribunal clothed with judicial power to hear and determine the matter before i; (2) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings; (3) The defendant ‘must be given an opportunity to be heard; and (4) Judgment must be rendered upon lawful hearing. | The requirement of due process on administrative proceedings as to Ang Tibay (manufacturer of shoes) vs. Court of industrial Relations, are (1) The right to @ hearing, which includes the right to present one’s caseland ‘submit evidence in support thereof; (2) The tribunal must consider the evidence presented; (3) The decision must have something to support itself; (4) The evidence must be substantial. Substantial evidence means such reasonable evidence as a reasonable mind accept as adequate to support a conclusion; (5) The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (6) The tribunal or body or any of its judges must act on its own independent consideration of the law ‘and facts of the controversy, and not simply accept the views of a subordinate; (7) The Board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various Issues involved, and the reason for the decision rendered. The requirement of due process on student discipline proceedings, on Guzman vs National Unversity, There are withal minimum standards which must be met to satisfy the demands of procedural due process; and these are, that (1) the students must be Informed In writing of the nature and cause of any accusation against them; (2) they shag have the right to answer the charges against them, with the assistance of counsel, if desired; {G) they shall be informed of the evidence against them; (4) they shall have the right to adduce evidence in their ‘own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. When a student falls to commit a breach of disciplife or {rails to maintain the required academic standards ofthe school, the student forfets is rights and courts are npt in liberty to reverse the discretion of university authorities inthis matter. \0n ARLEO E. MAGTIBAY vs. Lt. Col SANTIAGO GARCIA, Magtibay was a graduating student of UP ROTC advance course. Garcia Instructed the unit of Magtibay to march on a “malubak” part of UP which Magtibay contradicted and Garcia gave him a failing grade. Magtibay did not graduate and unfortunately did not enter the UP Vanguard as well. To enter such fraternity one should be a graduate of a basic 4 degree course have ta get consent from the leader then who was Garcia, and only gave it after more than 20 years after 1960's de | | 2-What isthe most important requirement of procedural due process? What i called the heart of| due | process 25 to ji, administrative and student cscipine proceedings? The most important requirement would be the need of notice and the opportunity to. be hear. Provided there Is notice to be noticed and the opportunity to be heard you have already complied with the substantial requirement of due process. | \-7H€ due process clause must be understood to guarantee not just forms of the procedures but also the very exence off, bey and property. It mutt ba interpreted both 2s 2 procedural and substantive guarantee Ove proces is agains he exercise of arbitrary power even ithe powers exercised according to proper procedure 0 een If the matters exercised according to procedure but ithas arbitrary exercise then ff violation of due process. To comply with due proces, substantive and proceduraldue process must be complies. yp 9) (+) he requirement of substantive due processis nota vivid consent; the heart of substantive due process is the requirement of reasonableness or absence of exercise of arbitrary power. US vs. Toriblo, there was astatutein 1910 prohibiting the slaughter ofthe carabaos because they are considered as the twin of 2 farmer and out V! farmers can use them in the fields. This was challenged as unlawful deprivation of property and the SC sustained the statue. The state may interfere whenever the public interestdemandsit. jo) 2 wii! cvbsislaj vail cit Adtonaly during Marcos fe, he issued an EO 626 amending the siaughter of carabact. On the sven eto nace omens oe a ache a ens shal of it reached the SC and sid thatthe amendment i not valid because It i tantamount to outright confisetion ‘without due process oflaw. Cop ice) | AGI Provincial Boar, tis 21919 case which states a lw tat created reservation fr Mangvahs in indore The SC held thatthe aw was justifies, the creations for reservations by the demands ofthe geperl swears and public interest you ae apa on the Human Rts concerns thi salready prohibited which pam testing eed chet oF fete of fee [Bead the ZACARIAS VILLAVICENCIO, vs. JUSTO LUKBAN, rounded up al the prostitutes in Manila and sent... “joo! them to Davao City. The prostitutes questioned it because there was no bass ofthe Mayor and COP to round a {Y!2 2) the promtiand en theo Davao, Cai that twas not ight ome \LPé6ple vs. Fajardo, a building permit were denied because the City Govermment said that its the building wil ebsbuet the view ofthe office. The SC sid the ordinance is unreasonable and oppressive. 7) lac All of these are a violation of substantive due process, the subject matter of the laws were arbitrary and ‘oppressive laws and therefor declared unconstitutional \Letthat i the princile of presumed constutionaly or validity ofa statute? Ermita Malate Hotel and ‘Motel Operator Associations nc vs Mayor of Mania involves a cy ordnance designed to curb a rampant vr of hotels and motes as paces of lit assignation thera being no factual foundation presented to remark the resumption of constitutionality of the ordinance. The presumption of validity was allowed, the ordinance was

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