Bill of rights – a declaration and enumeration of
a person’s rights and privileges.
Classes of rights
1. Natural rights – rights possessed by
every citizen without being granted by
the state.
2. Constitutional rights – rights conferred
and protected by the Constitution.
3. Statutory rights – rights which are
provided by laws promulgated by the
law-making body and may be abolished
by the same body.
Classification of constitutional rights
1. Political rights – rights of citizens to
participate in the administration of
government.
2. Civil rights – rights to secure their
means of happiness.
3. Social and economic rights – rights to
insure the well-being and economic
security of the individual.
4. Rights of the accused – rights for the
protection of a person accused of crime.
Aspects of due process of law
1. Procedural due process
- A method by which the law is enforced
and has its application in judicial
proceedings. It requires:
o An impartial court clothed by law
with authority to hear and determine
the matter before it;
o Jurisdiction lawfully acquired over
the person of defendant or property;
o Opportunity to be heard for the
defendant;
o Judgement after lawful hearing.
2. Substantive due process
- Requires that the law is fair, reasonable
and just.
The Constitution prohibits:
1. Deprivation of life – refers to extinction
of human existence including loss of
physical and mental attributes of a
human being.
2. Deprivation of liberty – deprivation of
a citizen’s liberty to choose and do.
3. Deprivation of property – the law
prohibits destroying the value of a
property or changing its use without due
process.
Equal protection of the laws – signified that all
persons subjected to legislation should be treated
alike.
Meaning of search warrant and warrant of
arrest
1. Search warrant – order in writing,
issued in the name of the People in the
Philippines and signed by a judge
authorizing to search for a certain
personal property and bring it to court.
2. Warrant of arrest – a written order
commanding the arrest of a person.
Requisites for valid search warrant
1. Must be issued on probable cause;
2. Cause must be determined personally by
judge himself;
3. Cause must be made after examination
by the judge of the complainant and
witnesses;
4. Warrant must particularly describe the
place to be searched or persons or things
to be seized.
Probable cause – proof that a person/party has
performed or committed acts violating our
criminal laws.
Rights against unreasonable search
1. Proper party to invoke right – legality
of the search can be contested by the
party whose rights were involved.
2. Right subject to waiver – no public
official has the right to search without a
proper search warrant.
Right of privacy – right to be left alone and free
from undesired publicity.
Basis and purpose of the right
1. Right existing in the state of nature –
a right that is considered as natural right
that every human being possessed.
2. Right designed to secure enjoyment of
one’s private life – the right is accorded
protection to secure enjoyment by a
person of his/her private life.
Limitations on the right of privacy
1. Permissible interference – the right is
not violated upon the interference of the
court or public safety or requires so.
2. Intervention of the court – the right is
subjected to the police power of the
State.
Writ of habeas data
- Judicial remedy to those whose right to
privacy is violated. It aims to secure
privacy by regulating the processing of
personal information about him/her.
Freedom of speech, of expression and of the
press.
- Also known as “freedom of expression”
is a right to freely utter and publish
whatever one pleases without restraint
as long as it does not violate the law.
Importance of the guarantee
1. Promotes growth of the individual
and the nation.
2. Makes possible, scrutiny of acts and
conduct of public officials.
3. Insure a responsive and popular
government.

Limitations of freedom of speech

1. Subject to regulation of the State – it
must be regulated by the State in order
that it may not affect negatively the right
of community or society.
2. Subject one to liability when abused-
anyone who slanders or libels another
may be penalized by the State.

Right of assembly and right of petition

1. Right of assembly – the right of citizens
to meet peacefully for consultation in
respect of public affairs.
2. Right of petition – right to address their
grievances to the office of the
government without fear of penalty.

Relationship with freedom of speech

1. Complement of right of free speech –
all these rights while not identical, are
cognate and inseparable.
2. Application of clear and present
danger rule – both rights include
immunity from previous restraint but
may be restrained or interfered by the
State when there is a clear and present
danger of substantive evil.