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Module 1 Article III Bill of Rights 1987 Philippine Constitution 1
Module 1 Article III Bill of Rights 1987 Philippine Constitution 1
Bill of Rights
1987 Philippine Constitution
01 Intoduction to Law
Classified as to scope:
a. Criminal Law
Classified as to scope:
LAW
LAW
It includes persons
traveling from place to place for
pleasure (tourist), and business
establishments or persons
engaged in the occupation of
providing various services for
tourists.
Sources of Law Relevant to the Tourism, Travel
and Hospitality Industry
– It is the fundamental law of the land, to which all other laws must
conform.
Examples:
Article I – National Territory
Article III- Bill of Rights
Article IIII – Citizenship
Article XII -National Economy and Patrimony
Sources of Law Relevant to the Tourism, Travel
and Hospitality Industry
(2) Statutes or legislative enactments
Examples:
a. Rules and Regulations promulgated by the Secretary of Tourism to Govern the
Accreditation of Hotels, Tourist Inns, Motels, Apartels, Resorts, Pension Houses,
and Other Accommodation Establishments;
b. BIR circulars and rulings;
c. Administrative issuances by the Department of Foreign Affairs; and
d. Omnibus Rules Implementing the Labor Code of the Philippines
e. IATF Resolutions
Sources of Law Relevant to the Tourism, Travel
and Hospitality Industry
(3) Judicial decisions or jurisprudence
– These refer to the decisions of the Supreme Court in
interpreting the laws or the Constitution.
(4) Custom
– It is a rule of conduct which in a given place and among given
groups of people, has been followed for an appreciable time.
Due Process
Privacy of Freedom of
of Law and
Communication Religion
Equal
and
Protection of
correspondence
the Laws
SUMMARY OF RIGHTS GUARANTEED UNDER
THE BILL OF RIGHTS
Taking of
provate
Right to property for
Information public use
Prohibition
against
Liberty of impairment
Right of
abode and of obligation
Association
travel and contracts
SUMMARY OF RIGHTS GUARANTEED UNDER
THE BILL OF RIGHTS
Right to remain silent and Due process in
to have a competent and criminal
independent counsel proceedings
Free access
Right to bail Habeas
to Courts and
quasi-judicial Corpus
bodies and
adequate
legal
assistance
SUMMARY OF RIGHTS GUARANTEED UNDER
THE BILL OF RIGHTS
Right against excessive
Right against self- fines, degrading or
incrimination inhuman punishment
Speedy Freedom of
disposition of Right against
political belief imprisonment
cases before all and freedom
judicial, quasi- for debt or non-
against payment of a
judicial or involuntary
administrative poll tax
servitude
bodies
SUMMARY OF RIGHTS GUARANTEED UNDER
THE BILL OF RIGHTS
Double Jeopardy
Sec. 21 Sec. 22
Right against ex
post facto law
and
bill of attainder
servitude
“No person shall be deprived of
life, liberty and property without
due process of law, xxx”
FACTS:
-
FACTS:
-
ISSUE:
-
RULING:
-
RULING:
- There is a clear invasion of personal or property rights,
personal in the case of those individuals desiring of owning,
operating and patronizing those motels and property in terms of
investments made and the salaries to be paid to those who are
employed therein.
CITY OF MANILA VS. LAGUIO (2005)
RULING:
- The City of Manila cannot order the closure of the
establishments without infringing the due process clause. These
lawful establishments may be regulated but not prohibited from
carrying on their business.
CITY OF MANILA VS. LAGUIO (2005)
RULING:
- It likewise violates the equal protection clause.
RULING:
- It is also discriminatory.
ISSUE:
- Is the said Ordinance void and unconstitutional?
Mayor Villegas v. Hiu Ching Tsai Pao Hao (1978)
RULING:
- The Ordinance was declared void and Unconstitutional.
In flagrante delicto
(caught in the act)
When can a person be arrested without a warrant?
Plain view – evidence was inadvertently discovered by the police who had
the right to be where they are;
Instances of a valid warrantless search and seizure:
ISSUE:
- Whether or not the evidence taken admissible against the
husband?
ZULUETA v. COURT OF APPEALS , et.al. (1996)
RULING:
- No. the pieces of evidence are not admissible against the
husband.
Except:
-so far as such publication, from their blasphemy, obscenity, or
scandalous character, may be a public offense, or as by their falsehood
and malice they may be a public offense, or as by their falsehood and
malice they may injuriously affect the standing reputation or pecuniary
interest of individuals.
Freedom of expression includes:
(a) freedom to choose and change one’s place of residence and dwelling
place; and
(b) freedom to travel within or outside the country.
Liberty of abode and travel is not absolute.
- It is subject to the Police Power of the State:
Example:
1. Insane persons who roam around in Roxas Boulevard;
2. Persons against whom warrant of arrest have been issued;
3. Travel Ban (lock down, hold departure order)
4. Persons residing in danger zone areas
- evacuation (flood, volcano eruption, etc)
Villavicencio vs. Lukban (1919)
FACTS:
-
ISSUE:
-
RULING:
-
1. Right to self-organization;
2. Right to form, join or assist labor unions for purposes of collective
bargaining;
3. Right to Strike.
B. Supervisory Employees
-not eligible for membership in the collective bargaining
unit of rank-and-file employees, but may join, assist or form separate
collective bargaining units and/or labor unions of their own.
Limitations - Right of Association :
Government employees are now given the right to form unions. However,
their right to strike is not included in the right to form unions.