Bill of Rights

4 Week
th

PLT Freddie R. Fernandez

 Student's Prayer

Come, Holy Spirit, Divine Creator, true

source of light and fountain of wisdom! Pour
forth your brilliance upon my dense intellect,
dissipate the darkness which covers me, that
of sin and of ignorance. Grant me a
penetrating mind to understand, a retentive
memory, method and ease in learning, the
lucidity to comprehend, and abundant grace
in expressing myself. Guide the beginning of
my work, direct its progress, and bring it to
successful completion. This I ask through
Jesus Christ, true God and true man, living
and reigning with You and the Father, forever
and ever.
Amen.
 Lesson Goal
The lesson’s goal is to provide
students of Criminal Justice with a
comprehensive lecture about the Bill
of Rights under Article III, 1987
Philippine Constitution.
 Lesson Objectives:
At the end of this lesson, the students
will be able to discuss:
1) The Concept of Bill Rights;

2) The Concept of Due Process and Equal

Protection of the Laws; and
3) The Concept of Arrest, Search and
Seizure
What is the Bill of Rights and
what is its purpose?
The Bill of Rights is the sanctuary of protection for all

persons, citizens, or non-citizens, against any and all

kinds of abuses of power and authority by the

government, or any of its officials and employees or

even against any unwarranted violations of such rights

by any person .
What are the Concepts of Bill
of Rights?
The Bill of Rights is an enumeration
of civil and political rights that are
self-executing (no need of
implementing legislation) and
serves as a restriction upon the
powers of the State.
 How Are Rights Classified?
1. Natural Rights
2. Constitutional Rights
3. Statutory Rights
 Natural Rights
Are God-given rights acknowledged by
everybody to be morally good.

They are unwritten but prevail as norms

of the society.

Examples are the rights to life, dignity

and self -development.
 Constitutional Rights-
Are those rights which are conferred
and protected by the Constitution and
which cannot be modified or taken
away by the law-making body.
 Statutory Rights-
Are those which are provided by law promulgated
by the law-making body and, consequently, may be
abolished by the same body.

Example: Republic Act 9745 (Anti-Torture Act),

Republic Act 7438 (The Rights of Person Arrested,
Detained and under Custodial Investigation.
What are the Specific Individual
Rights as Provided by the Bill of
Rights Article III, 1987 Philippine
Constitution?
 Article III, 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 is Due Process of Law?

Due process of law is meant that if a

person is deprived of life, liberty, or
property by the State, it must be done
only under the authority of a valid law
and after compliance with the regular
methods of procedure prescribed by
the law.
What are the Elements of Procedural Due
Process?

1. Jurisdiction over the person or

subject matter.
2. Impartial court or tribunal.
3. Defendant or party is given chance
to be heard.
4. Judgment is given only after
hearing
 What is Substantive Due Process?

Substantive due process requires that

the law itself must be fair, reasonable,
and just. No person shall be deprived
of his life, liberty, or property, on the
whim or caprice of an official or on
flimsy grounds.
 What is the Right to Life?

It means something more than mere existence.

The prohibition against its deprivation without due
process extends to a person’s bodily organs and
capacities with which life is enjoyed. The right to
life includes the right to live a decent life worthy of
human dignity.
 What is the Right to Life?

This constitutional guarantee includes:

1.The right of an individual to pursue a lawful
calling or occupation;
2.to express, write or even paint his ideas for as
long as he does not unlawfully transgress the
rights of others;
3.To exercise his freedom of choice, whether this is
in the area of politics, religion, marriage,
philosophy and employment.
 What is the Meaning of Liberty?

It denotes not merely freedom from physical restraint.

It also embraces the right of the individual to use his

faculties, capacities, both physical and mental, with which
he has been endowed by his Creator, as his judgment may
dictate, subject only to the limitation that he does not
violate the law or the rights of others.

Liberty also includes freedom of movement and of travel as

well as to contract or to pursue a lawful occupation.
 What does the Right to Property Include?

Property, as protected by due process of law, may

refer to a thing itself or to the right over the thing.

It includes the right to own, use and enjoy,

dispose, possess and even to destroy the
property, subject, however, to the right of the right
of the State and other persons, not to be injured by
the exercises of this right.
 What Constitute Deprivation?

Deprivation of life includes the loss of any of the

various physical and mental attributes (e.g., limbs,
organs, the sense, power of reproduction, mental
faculties among others,) which man must possess
to live as a human being.
 Deprivation of liberty
Means the prevention, denial, or suppression of
human freedom.
 Deprivation of Property
Means the taking of property or the diminution of
any right to property or the prevention of the
exercise of right to property.
Is Deprivation Unconstitutional?
Deprivation per se is not necessarily
unconstitutional.
What is prohibited is the deprivation of life, liberty
and property without due process of law.

For as long as there is due process of law, there

will be a lawful justification to take away one’s life,
liberty and property.
 What is Equal Protection of the Law?

Equal protection of the law signifies that “all

persons subject to legislation, similarly situated,
should be treated alike under like circumstances
and conditions, both in privileges conferred and
liabilities imposed.”

However, unequal things or persons should be

treated unequally in proportion to their inequality.
 Section 2, Article III
The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be
seized.
 What is Arrest
An Arrest is the taking of a person into custody in order that
he may be bound to answer for the commission of an
offense (Section 1, Rule 113, Rules on Criminal
Procedure).
 What is Search Warrant
A search warrant is an order in writing issued in the name
of the People of Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court
(section 1, Rule 126, Criminal Procedure).
 What is Warrant of Arrest
A warrant of arrest is an order in writing
issued in the name of the People of
Philippines, signed by a judge and
directed to a peace officer,
commanding him to arrest a person
described therein and bring him before
the court.
 What is the Right Against
Unreasonable Searches and
Seizure?

Generally, a search and seizure or

arrest made without a warrant
issued by the judge, is
unreasonable.
 When can a Judge Issue a Warrant of Search and Seizure
or a Warrant of Arrest?

The essential requisites for the issuance of a valid

warrant (search or arrest) are that:

1.It
must be issued upon “probable cause”;
2.The “probable cause” must be determined personally by
the judge;
3.Such judge must examine under oath or affirmation the
complainant and the witnesses that he may produce; and
4.The warrant must particularly describe the place to be
searched and the person or thing to be seized.
What is the Consequence of an Invalid Search or Seizure
or Arrest?

Any evidence obtained in such search or

seizure or arrest is in admissible for any
purpose in any proceeding. If illegally
obtained evidence is excluded from being
considered by the judge, the likelihood is
that the accused may be acquitted.
 Is every Warrantless Search an Illegal Search?

No. The following are exceptions:

1.Search made incidental to a valid arrest;
2.Search of vehicle;

3.Seizure of goods concealed to avoid payment of

customs duties or taxes;
4.Seizure of evidence in plain view; and

5.When there is waiver of the right.

 When Is An Arrest Without Warrant Lawful?

A peace officer or a private person may, without a warrant, arrest

a person:

1. When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense.

2. When an offense has in fact been committed and he has personal

knowledge of facts or circumstances indicating that the person to be arrested
has committed it.

3. When the person to be arrested is a prisoner who has escaped from a

penal establishment or place where he is serving final judgment or temporarily
confined while his case is pending or has escaped while being transferred
from one confinement to another.
 When is a Search and Seizure Without Warrant Lawful?

In the following instance, search and seizure may be made without warrant:

1. Where there is a consent or waiver.

Example: The
accused driving a vehicle was stopped
at the checkpoint, and when the vehicle was
inspected, the soldier asked permission to see the
contents of a bag which is partially covered by the
spare tire. The accused consented, and upon
inspection, the bag was found to contain marijuana.
The Court ruled that there was valid waiver.
2. Where search is an incident to lawful arrest, provided
that the search is made contemporaneous to the arrest and
within the permissible area of search.

Example: Where a “buy bust operation” was

made at the house of the accused, and
immediately after the purchased of the
prohibited drugs, the accused was arrested
and a search made of the premises, the
Court ruled that the search was validly
made, contemporaneous to the arrest.
3. In the case of contraband or forfeited goods being transported by
ship or automobile or other vehicle, where the officer making it has
reasonable cause for believing that the latter contains them, in view of
the difficulty attendant to securing a search warrant.

Example:

A fishing vessel found violating fishery laws

may be seized without a warrant on two
grounds: firstly, because they are usually
equipped with powerful motors that enable
them to elude pursuit, and secondly, because
the seizure would be an incident to a lawful
arrest.
4. As an incident of inspection, supervision and
regulation in the exercise of police power, such as
inspection of restaurants by health officers,
factories by labor inspectors. The same thing may
be said of inspection of books of accounts by
revenue examiners.
QUESTION:

HOW DO WE AVOID HUMAN RIGHTS

VIOLATIONS?
ANSWER:

FOLLOW THE RULE OF LAW AND

OBSERVE DUE PROCESS OF LAW
FEEDBACK