Article III

Bill of Rights
Concept of Bill of Rights
A bill of rights may be defined as a declaration and enumeration
of a persons rights and privileges which the Constitution is designed to
protect against violation by the government, or by and individual or
groups of individuals. It is a charter of liberties for the individual and a
limitation upon the power of the State.
Classes of rights
The rights that a citizen of a democratic state enjoys may be
classified into:
(1)Natural rights- They are those rights possessed by every
citizen without being granted by the State for they are given
to man by God as a human being created to His image so that
he may live a happy life. Examples are the right to life, the
right to liability, the right to property, and the right to love.
(2)Constitutional rights- They are those rights which are
conferred and protected by the Constitution. Since they are
part of the fundamental law, they cannot be modified or taken
away by the law-making body; and
(3)Statutory rights- They are those rights which are provided by
laws promulgated by the law-making body. Examples are the
right to receive a minimum wage and the right to adopt a
child by and unrelated person.
Classification of constitutional rights.
The human rights secured by the constitution include social and
economic rights not just political and civil rights. They are as follows:
(1)Political rights- they are such rights of the citizens which give
them the power to participate, directly or indirectly, in the
establishment or administration of the government.
(2)Civil rights- They are those rights which the law will enforce at
the instance of private individuals for the purpose of securing
to them the enjoyment of their means of happiness.
(3)Social and economic rights they refer to those rights which
are intended to insure the well-being and economic security of
the individual.
(4)Rights of the accused they are the (civil) rights intended for
the protection of a person accused of any crime, like the right

against unreasonable search and seizure, the right to

presumption of innocence, the right to a speedy, impartial,
and public trial, and 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
Under the Constitution, a person may be deprived by the State
of his life, liberty, or property provided due process of law is observed.
Aspects of due process of law
Due process of law has, therefore, a two-fold aspect, namely:
(1)Procedural due process, which refers to the method or
manner by which the law is enforced.
(2)Substantive due process, which 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 ground.
Procedural due process
(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 clothed by law with authority to hear
and determine the matter before it;
b. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of the
proceeding;
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after lawful hearing.
(2)In administrative proceedings Due process, however, is not
always judicial process. In certain proceedings of an
administrative character, notice and hearing may be
dispensed with, where because of public need or for practical
reasons, the same is not feasible. Thus, an offender may be
arrested pending the filing of charges or and officer or

employee may be suspended depending an investigation for

violation of civil service rules and regulation.

Section 2. 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.
Meanings of search warrant and warrant
(1) A search warrant is an order in writing, issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for certain
personal property and bring it before the court.
(2) If the command is to arrest a person designated, i.e., to take
him into custody in order that he may be bound to answer for
the commission of an offense, the written order is called
warrant of arrest.
Scope of the Protection
(1)Persons
(2)Houses
(3)Papers and effect