PURPOSE

OF THE BILL OF RIGHTS

- To protect the people against arbitrary Political
and discriminatory use of political power.
- those rights of the citizens which give
- Guarantees the preservation of our them the power to participate, directly or
natural rights, which include personal indirectly, in the establishment or
liberty and security against invasion by administration of the government.
the government of any of its branches or
instrumentalities. Civil

- The bill of rights takes precedence over

- those rights which the law will enforce at
the right of the state to prosecute. And the instance of private individuals for the
when weighed against each other, the purpose of securing to them the
scales for justice, till. The words the enjoyment of their means of livelihood.
former. - Rights declared under the law
CASES OF RIGHTS - To secure the needs of every individual
• Natural Rights Social and Economic
• Constitutional - those rights which are intended to insure
• Statutory the well-being and economic security of
the individual
Natural Rights
Rights of the Accused
- the rights to live
- those rights intended for the protection
Constitutional Rights of a person who is accused of any crime.
- the rights that are protected by the
constitution
SECTION 1
- the rights for people to vote, right to
freedom of speech - NO PERSON SHALL BE DEPRIVED OF
LIFE, LIBERTY OR PROPERTY, WITHOUT
Statutory Rights DUE PROCESS OF LAW, NOW SHALL ANY
PERSON BE DENIED OF THE EQUAL
- is the legal rights granted to someone PROTECTION OF THE LAWS.
under state of federal law.
Due Process
- Ex. When arrested, if you can’t afford for
an attorney, the government will provide - There is no exact de inition of due process
for you of law because the same is applicable
under so many diverse conditions as to
make any attempt at precise de inition
CLASSIFICATION OF CONSTITUTIONAL RIGHTS impossible. For our purpose, however, we
can safely say that any deprivation of life,
• Political liberty, or property by the State is with
due process if it is done (1) under the
• Civil authority of a law that is valid, or of the
• Social and Economic Constitution itself, and (2) after
compliance with fair and reasonable
• Rights of the Accused methods of procedure prescribed by law.

Aspects of due process of Law

• Procedural due process

 • Substantive due process - is an order in writing, issued in the

name of the Republic of the Philippines,
Procedural due process signed by a judge and directed to a peace
officer, commanding him to search for a
- refers to the method or manner by certain property and bring it before the
which the law is enforced. The court.
indispensable requisites of this aspect of
due process are the requirements of - If the command is to arrest a person
notice and hearing. designated, the written order is called
warrant of arrest.

Substantive due process

- requires that the law itself is fair,
reasonable and just. In other words, no
person should be deprived of his life,
liberty, or property for arbitrary reasons Scope of Protection
or on flimsy grounds.
- Persons
Who are protected under the due process
clause? - Houses

- Due process applies and protects all - Paper and effects

persons with our regard to any difference Paper
of race, color or nationality. Arti icial
persons are covered by protection, but - It applies to everyone, the citizens, as well
only in so far as their property is as aliens, were there accused of a crime or
concerned. not. Arti icial beings are also governed by
the protection.
- It also includes aliens and their means of
livelihood. Houses
Life - Protection is not limited to dwelling
h o u s e s , b u t ex te n d s to a ga ra g e
- It includes the right of an individual to his warehouse, shop store, of ice and even a
body, and its completeness extends to the safety deposit wealth. However, does not
use of God given faculties, which make life extend to the open spaces and ields
enjoyable. belonging to one.
Liberty Papers and Effects
- Includes the right exist and the right to be - Includes sealed letters and packages in
free from arbitrary personal resistance or the mail, which may be open and
servitude. examined only in pursuit ones of a valid
- It includes the right of the citizen to be warrant.
free to use facilities in all lawful ways.

Property Requisites for a valid SW and WA

- Means anything that can come under the - Must be issued upon probable cause
right of ownership and be the subject of
contract that represents more than the - The probable cause must be personally
things that a person owns, includes the determined by the judge himself
right own, use, transmit and even to
destroy, subject to the right of the state - Such determination of the existence of
and of other persons. probable costs must be made after
examination by the judge of the compliant
Search Warrant and the witness he may produce

f
f

 - The warrant must particularly describe acquire or perfect their Philippine

the place to be searched in persons or citizenship, those who elect Philippine
things to be seized. citizenship in accordance with paragraph
three, section one, therefore shall be
deemed natural born citizens
SECTION 4 SECTION 3
- NO LAW SHALL BE PASSED ABRIGING - PHILIPPINE CITIZEN SHIP MAY BE LOST
T H E F R E E D O M O F S P E E C H , O F OR REACQURED IN THE MANNER
EXPRESSION, OR OF THE PRESS OR THE PROVIDED BY LAW
RIGHT OF THE PEOPLE PEACEABLY TO
A S S E M B L E A N D P E T I T I O N T H E
G O V E R N M E N T F O R R E D R E S S O R SECTION 4
GRIEVANCES. - CITIZENS OF THE PHILIPPINES WHO
MARRY ALIENS SHALL RETAIN THEIR
CITIZENSHIP, UNLESS BY THEIR ACT OR
MOISSION THEY ARE DEEMED, UNDER
THE LAW, TO HAVE RENOUNCED IT.
SECTION 6
SECTION 5
- THE SEPARATION OF CHURCH AND - DUAL ALLEGIANCE OF CITIZENS IS
STATE SHALL BE INVIOLABLE INIMICAL TO THE NATIONAL INTERESTS
AND SHALL BE DEALT WITH BY LAW
SECTION 11
8 duty and obligations of a Filipino Citizen
- THE STATE VALUES THE DIGNITY OF
E V E R Y H U M A N P E R S O N A N D - To be loyal to the republic
UARANTEES FULL RESPECT FOR HUMAN - To love and defend the country
RIGHTS.
- contribute to the development of the
welfare of the state
- To hold the constitution and obey the
ARTICLE IV law
SECTION 1 - To operate with the duly constituted
authority
- THE FOLLOWING ARE THE CITIZENS OF
THE PHILIPPINES - To exercise our rights responsibly with
due regard to the rights of others
(1) Those who are citizens of the
- To engage in gainful work
Philippines at the time of the adoption of
this Constitution; - To register and Vote
(2) Those whose fathers or mothers are Naturalization
citizens of the Philippines; - Formally adopting foreigner
(3) Those born before January 17, 1973, In fagrante delicto
of Filipino mothers, who elect Philippine
citizenship upon reaching the age of - caught in the act
majority; and
Citizenships
(4) Those who are naturalized in
accordance with law. - denote/ denoting a membership of a
SECTION 2 citizen in a political society
- Natural born citizens are those who are Citizen
citizens of the Philippines, from birth
without having to perform any act to - a person having a title of citizenship

 General ways of acquiring citizenship

- voluntary
- involuntary
Voluntary
- naturalization
Involuntary
- by birth /place of birth (jus soli/ jus
loci)
- by blood relation (sanguinis)

TO MEMORIZE
SECTION 2 ; ARTICLE 3
-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
af irmation 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.

SECTION 1; ARTICLE 3
- 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.

SECTION 4;ARTICLE 3
- 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