ARTICLE III

BILL OF RIGHTS

Bill of Rights – a guarantee that there are certain areas of a person’s life, liberty, and property
which governmental power may not touch

Nota Bene: The Bill of Rights may be appealed to even in the absence of implementing legislation.

Powers of the Government

1. Police power – enables the State to prohibit all that is hurtful to the comfort, safety, and
welfare of society; rests upon public necessity and the right of the State and the public to
self-protection
2. Power of eminent domain
3. Power of taxation

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 laws.

Protected rights
1. Life – protection of the right to be alive, security of one’s limb against physical harm, right
to a good life (a life of dignity) and a decent standard of living
2. Liberty
3. Property – includes all kinds of property found in the Civil Code, vested rights, right to
work and the right to earn a living (employment and profession)

Nota Bene: Mere privilege may turn into some form of property rights when:
a. Enjoyed for so long;
b. Subject to a substantial investment;
c. Source of employment for thousands

Primacy of Human Rights

 In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a
preferred position as they are essential to the preservation and vitality of our civil political
institutions

Procedural due process

1. In non-criminal cases
a. There must be a court or tribunal clothed with judicial power to hear and
determine the matter before it
b. Jurisdiction must be lawfully acquired over the person of the defendant or over
the property which is the subject of the proceedings
c. Defendant must be given an opportunity to be heard
d. Judgment must be rendered upon lawful hearing
 2. In administrative cases – quantum of proof: substantial evidence
a. The right to actual or constructive notice of the institution of proceedings which
may affect a respondent’s rights;
b. A real opportunity to be heard personally or with the assistance of counsel, to
present witnesses and evidence in one’s favor, and to defend one’s rights;
c. A tribunal vested with competent jurisdiction and so constituted as to afford a
person charged administratively a reasonable guarantee of honesty as well as
impartiality; and
d. A finding by said tribunal which is supported by substantial evidence submitted
for consideration during the hearing or contained the records or made known to
the parties affected.

Substantive due process

1. That the interests of the public generally, as distinguished from those of a particular class,
require such interference (lawful subject)
2. That the means are reasonably necessary for the accomplishment of the purpose, and not
unduly oppressive upon individuals (lawful means)

Nota Bene: In the performance of executive or legislative functions (not quasi-judicial

proceedings), such as issuing internal rules and regulations, an administrative body need not
comply with the requirements of notice and hearing.

When a law is vague

1. It violates due process for failure to accord persons, especially the parties targeted by it,
fair notice of the conduct to avoid
2. It leaves law enforcers unbridled discretion in carrying out its provisions

Nota Bene: To be unconstitutional, the law must be utterly vague on its face, and it cannot be
clarified by either a saving clause or by construction. (People v. Nazario) A statute is not rendered
uncertain and void merely because general terms are used therein.

Void-for-vagueness doctrine – a law is facially invalid if men and women of common intelligence
must necessarily guess at its meaning and differ as to its application

Equal protection of the law

1. Must rest on substantial distinctions;
2. Must be germane to the purpose of the law;
3. Must not be limited to existing conditions only; and
4. Must apply equally to all members of the same class
SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any proceeding.

Forms of communication covered

1. Letters
2. Messages
3. Telephone calls
4. Telegrams, etc.

When intrusion into the privacy allowed

1. Upon lawful order of the court, or
2. When public safety or order requires otherwise as prescribed by law
a. Based upon a government official’s assessment that public safety and order
demand such intrusion
b. Executive officer may require intrusion when in his judgement he believes that
public safety or order so requires

Nota Bene: In the absence of court interference, the constitutional right against unreasonable
search and seizure cannot be invoked against the State; it cannot be extended to acts committed
by private individuals (People v. Marti)

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances.