Professional Documents
Culture Documents
Before we start with this lecture note part, let us answer this formative
assessment to check your prior knowledge about the topic.
3. Social and economic rights- The referred to the rights that are intended to
ensure the well-being and economic security of the individual.
Examples: just compensation for private property taken for public use;
promotion of social justice; the conservation and utilization of natural
resources; The promotion of education, the science and technology, the
arts and cultures.
4. Rights of accused- they are (civil) rights and intended for the protection of
the person accused of any crime.
Examples: The right against and unreasonable search and seizure; the
right to presumption of innocence the right to a speedy impartial, and
public trial; the right against cruel, degrading or inhuman punishment.
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.
● Meaning of due process of law
Any deprivation of life, liberty, or property by the state is with due process if it is
done (a) under the authority of the law that is valid or of the constitution itself,
and (b) After compliance with reasonable methods a procedure prescribed by
law.
● Aspects of due process of law
Due process of law, has, therefore, a two- fold aspect namely:
1. Procedural due process- Richard first to the method or manner by which
the law is enforced. It requires, to Paraphrase Daniel Webster's famous
definition..... a procedure “which hears before it condemns, which
proceeds upon inquiry, and renders judgment only after trials.” An
indispensable requisite of this aspect of due process is the requirement of
notice of hearing.
2. Substantive due process-which require the law itself, not really the
procedures by which the law would be enforced, is fair, reasonable, and
just. In other words, No person shall be deprived of his life, liberty, and
property, for arbitrary reasons or on flimsy grounds.
● Procedural due process to
1. In judicial proceedings -for the most part, procedural due process has its
application in judicial proceedings, civil or criminal it requires:
a. An impartial court a clothed below with authority to hear and
determine the matter before it.
b. Jurisdiction lawfully acquired over the person of the dependent or
property, which is the subject matter of the proceedings.
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after lawful hearing.
Thus, there is a denial of procedural due process where an accused
has been charged with an offense (e.g., theft) and convicted of another
(e.g.,robbery). Of course, the plaintiff has also a right to be given
opportunity to be heard on his claim.
2. In administrative proceedings- due process, however, is not always a
judicial process. In certain proceedings of an administrative character,
notice and hearing may be dispensed with, where because of public
need our for practical reasons, the same is not feasible. Thus, the open
there may be suspended being an investigation for violation of civil
service rules and regulation.
This time, on your own answer the following questions by using what have you learned
from the Lesson
1. Which section in the Bill of Rights do you believe is most important and why?
2. Does anyone have a duty to protect your rights? Elaborate your answer why?
This time reread the following statements and indicate your answer (either True or False) ‘after
reading’ column. Compare your answer prior to the lecture and this time.
Before After
Statements
Reading Reading
1.Rights of accused is the right intended for the protection of a person
accused of any crime. Example is the right to presumption of
innocence, the right to a speedy impartial, and public trial.
3.Any person under investigation of an offense shall not have the right
to be informed to remain silent and do have competent and
independent counsel preferably of his own choice. If the person
cannot afford the service of the council, he must be provided with one.
a) Yes. Dual citizens who are not residents may register under the Overseas Absentee
Voting Law.
b) Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like
everyone else without registering as an overseas absentee voter.
c) No. Margarita fails the residency requirement under Section 1, Article V of the
Constitution for Filipinos.
d) No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of
foreign citizenship, have practically and legally abandoned their domicile and
severed their legal ties to their homeland as a consequence.
3.What is the right conferred and protected by the constitution that is part of the fundamental
law, and cannot be modified or taken away by any law-making body?
a. Natural Rights
b. Statutory Rights
c. Constitutional Rights
d. Right to life, Property and Liberty
4. What is the right of the citizens that give them the right to participate, directly or indirectly, in
the establishment or administration of the Government.
a. Civil rights
b. Constitutional rights
c. Right of Suffrage
d. Political Rights
5. Social and economic rights- The referred to the rights that are intended to ensure the
well-being and economic security of the individual.
7.What Section in the Bill of Rights states that “The accused shall enjoy the right to be heard by
himself and the counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf.”
a. ARTICLE I Section IV
b. ARTICLE II Section IV
c. ARTICLE III Section IV
d. ARTICLE III Section V
8. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him.
9. It state that “No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances”
a. ARTICLE I Section IV
b. ARTICLE II Section IV
c. ARTICLE III Section IV
d. ARTICLE III Section V
January 30, 1985, the student council of Juan National High School, conducted a
meeting to plan a program for the incoming celebration of intramurals. They voted to
conduct a student-led prayer over the public address system of their football stadium
before the kick-off of each home game. The student council president with the approval
of the school official said that there will be a punishment for those students who will not
attend. All students are required to attend the program, but an atheist, Ronaldo
objected. He refused because he believes that public prayer itself is unfair and
unconstitutional. Ronaldo stood for his beliefs and did not participate. After the
intramurals he is punished for refusing along with the other students they are forced to
community service for 7 days.
Question:
10. What section in the constitution is involved in this scenario?
a. Section 4
b. Section 5
c. Section 18
d. Section 4, 5 & 18
Directions: Read and discuss your assigned scenario below. Along with your
group members, refer to the BILL OF RIGHTS to identify which section is involved
and constitute the question.
SCENARIO 1
Liza inherited a parcel of land on the outskirts of Daet Town that has been in her
family for generations. Even though her family has never utilized the land, she
now wishes to build, along with her brothers, a small family restaurant on the
inherited land. Liza applies for a building permit, and finds out that the Daet
town legislature recently passed a law preventing further construction on land
designated as “Land for pubic High ways.” Her land, it turns out, is now
designated as “Land for pubic High ways,” and she is denied a building permit
for any future building on the property.
What amendment or section in the Bill of rights are involved?
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Should the Government pay for Liza and her land?
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SCENARIO 2
Sara, a fourth-year college student, was caught smoking cigarettes in the school
bathroom. The teacher who caught Sara took her to the Guidance’s office, where a
school official questioned her about whether she was smoking in the bathroom, but she
denied it. The Guidance Counselor did not believe her story and decided to take
further action by looking into Sara’s purse. He found a pack of cigarettes as well as a
bag of rolling papers with marijuana. The official then decided to thoroughly search
Sara’s purse. Then discovered a sachet of marijuana and various papers that seemed
to indicate that Sara was dealing with drugs. The guidance counselor called the
attention of Sara’s parents and talked about the situation. But after 2 days a police
came to Sara’s house to search for more evidence because Sara was suspiciously
involved in drug pushing in the community.
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2. Was it appropriate for the school official to examine the contents of Sara’s purse?
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https://www.scbar.org/media/bill_of_rights_lesson-2018
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-re
public-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippine
s-article-iii