Bill of Rights

-set of prescriptions setting forth the fundamental civil and political rights imposing limitations upon governmental powers to secure
enjoyment of those rights
Civil rights -those rights that belong to every citizen of the state or country (such as rights to
property, equal protection of laws); they are rights appertaining to a person
by virtue of his citizenship in a state of country; may also refer to rights capable of being
enforced

Political rights -refer to the right to participate directly or indirectly in the establishment or
administration of government
Simon v CHR -the case stemmed from a CHR case filed against the petitioners
by the private respondents;
-accordingly, the petitioners demolished the stalls of the private
respondents constructed along North EDSA (to make way for a project of the City, People’s Park); the
petitioners acted on a moratorium, agreed upon by the mayors of Metro Manila, in the demolition of the
structures of the poor dwellers; the same moratorium being construed by the public respondent as a
violation of an agreement by the Metro Manila Mayors in the demolition of the dwellings of the poor
dwellers
-the Commission (public respondents) denied the petitioners motion to dismiss, their supplemental motion
to dismiss and MR as said petitioners grossly violated the human and constitutional rights of the private
respondents (right to earn a living being essential to one’s development, life and dignity;
-thus, the petitioners elevated the matter to the SC and sought
to prohibit public respondent from hearing and investigating a CHR case;
-the most that may be conceded to the CHR by way of
adjudicative power is to investigate such as gathering evidence and fact-finding regarding violations to
human rights; to be considered as having judicial function it must be coupled with authority to apply the
law to those factual conclusions to the end that the controversy may be decided

Sec. 1. Due process of law –a law which hears before it condemns, which proceeds upon inquiry and renders
judgment after trial (Sec. 1, Art. 3 of the Phil. Constitution)
-applicable to all persons regardless of race, color or nationality
-artificial persons (private corporations) are covered only insofar as their property is
concerned
Smith, Bell v Natividad -the petitioner is a corporation organized and existing under the law of the
Philippines; majority of its stockholders are British
-Natividad is a Collector of Customs in the port of Cebu who refused to issue a Certificate of Philippine
Registry to the petitioners considering that the stockholders of said corporation are neither citizens of the US
nor the Philippines;
-thus, the petitioners filed a mandamus against the respondent to compel him to issue a Certificate of
Philippine Registry for his motor vessel

-it extends to aliens and includes the means of livelihood

Villegas v Chiong

>Life, liberty and property –

>Aspects of due process:
1. Substantive -serves as restriction on government’s law and rule-making powers
Requisites: 1. In general, the interest of the general public requires the intervention
of the State;
2. The means employed are reasonably necessary to the
accomplishment of the purpose and must not duly be
oppressive to individuals.
2. Procedural -serves as restriction on actions of judicial and quasi-judicial agencies of the State
Requisites: 1. An impartial court or tribunal clothed with judicial power to hear and
determine the matter before it;
2. Jurisdiction must be acquired over the person of the defendant and
over the property which is the subject matter of the proceeding;
3. Defendant must be given an opportunity to be heard;
4. Judgment must be rendered upon lawful hearing;
>Publication (as part of due process)
>Appeal and due process -the right to appeal is not a natural right nor a part of due process except when it
is granted by statute; it is a right of statutory and not constitutional origin
>Preliminary investigation and due process -not a constitutional right but merely a right conferred by statute
Sec. 2. Searches and seizures: it is a constitutional rights which refers to immunity of persons whether citizen or
an alien against interference of the government
Scope of protection -available to ALL individuals as well as artificial persons (in the exercise of the police power
and taxing power of the State)
-the right is personal such that it may only be invoked by the person entitled to it and be
waived by the person whose right is invaded
-IF the search is made upon the request of law enforcers, a warrant must generally be first secured if it is to pass
the test of constitutionality; HOWEVER, if the search is made at the behest or initiative of the proprietor of a private
establishment for its own and private purposes without the intervention of police authorities, the right against
unreasonable search and seizure cannot be invoked for only the act of private individual, not the law enforcers, is
involved; THUS, the protection against unreasonable searches and seizures CANNOT be extended to acts
committed by private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government