Bill of Rights

Due Process of Law

Equal Protection of the law
Module 9
By: WGM, Criminologist
Learning Targets:

 Discuss what is Bill of Rights and its importance; and

 Understand the concept of the due process and equal protection clause of the
Constitution.
 What is the meaning of the Bill of
Rights?
 is a declaration and enumeration of a person’s rights and privileges which the Constitution is
designed to protect against violations by the government, or abused by an individual or groups of
individuals. It is a charter of liberties for the individual and a limitation upon the power of the
State.
Who Oversees the Fulfillment and Protection of Human Rights or
Bill of Rights in the Philippines?

 Commission on Human Rights (CHR) - primarily handles the investigations of human rights
violations. The Commission on Human Rights is an independent National Human Rights Institution
(NHRI) created under the 1987 Philippine Constitution and was established on May 5, 1987 by virtue
of EO No. 163.
 Art. III Sec. 1. Bill of Rights of the 1987 Phil. Constitution
 “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 law”.

Who are Persons Protected Under Sec. 1 of Bill of Rights?

- All persons within the territorial Jurisdiction of the Philippines, without regard to any difference
of
race, color, or nationality, including aliens.
What Constitutes Deprivation?

1. Deprivation of life – the loss of any of the various physical and mental attributes which man must
have to live as a human being.
2. Deprivation of liberty – that one is unduly prevented from acting the way he wishes to do.
3. Deprivation of property – when its value is destroyed or its adaptability to some particular use or its
capability for enjoyment is impaired.
Due Process and Equal Protection of Laws
 Due process - is the legal requirement that requires the state to respect all the legal rights owed to
a person. Due process balances the power of the state and protects the individual person from the
power of the state.
2 Aspects of Due Process of Law
 Procedural due process – it refers to the method or manner by which the law is enforced. It requires
a procedure which hears before it condemns, which proceeds upon inquiry, and renders judgment
only after trial.
 Substantive due process – it requires that the law itself, not merely 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 or property for arbitrary reasons or on flimsy grounds.
Equal Protection of the Law
 It signifies that all person’s subject to legislation should be treated alike under circumstances and
conditions both in the privileges conferred and liabilities imposed. The equal protection of the laws
is embraced in the concept of due process, as every unfair discrimination offends the requirements
of justice and fair play.
Scope of the Guarantee
1. The guarantee of equal protection (and due process of law) on all the organs of government and all
the subordinate instrumentalities and subdivisions thereof, and on the three inherent powers of
government.
2. The guarantee is available to all persons.
3. It does not extend to rights which are political.
4. It is not also intended to enforce social equality.
Thank You!!!