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Article
Article
Article
BILL OF RIGHTS
BILL OF RIGHTS
The declaration and enumeration
of the persons rights and
privileges designed to protect
against
violations
by
the
government or by an individual &
to limit the powers of the State.
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.
EQUAL PROTECTION
OF THE LAW
all persons under like
circumstances and
conditions both in the
privileges conferred and
liabilities imposed should be
treated alike
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.
probable cause
- such facts and circumstances
sufficient to induce a cautious man to
believe that a crime
might have been committed.
SEARCH WARRANT
- an order in writing issued by the
court commanding a peace officer to
search for certain personal property.
WARRANT OF ARREST
- an order in writing issued by the
court commanding a peace officer to
arrest a person.
4.
5.
6.
2.
3.
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
purpose in any proceeding.
ISSUE:
Whether or not listening to the private
conversation on an extension line is a violation of
the Anti-Wire Tapping Act.
HELD:
No. The law refers to a tap of a
wire or use of a device for the purpose of secretly
overhearing, intercepting, recording the
communication. There must be physical
interruption. Telephone extension was not
installed for that purpose. It just happened to be
there foe ordinary office use.
ELEMENTS:
1.
2.
EXCEPTION:
CLEAR & PRESENT DANGER RULE
- abridgment of the liberty can
be justified only where there exists
substantial danger that the speech
will likely lead to an evil which the
government has the right to
prevent.
RELIGIOUS FREEDOM
- right to worship and to entertain
such religious views without dictation
or interference by any person
2 ASPECTS OF RELIGIOUS
PROFESSION & WORSHIP
1. Freedom to believe (absolute)
2. Freedom to act in accordance with
such belief (limited)
SECTION 6.
The liberty of
abode and
of changing the
same within the
limits
prescribed by law shall not be
impaired except upon lawful
order of the court. Neither shall
the right to travel be impaired
except in the interest of
national security, public
safety, or public health, as
may be provided by law.
ISSUE:
Whether or not Manotoc, Jr., facing a
criminal charges has an absolute right to travel.
HELD:
No. Under Section 6 of Article III,
right to travel may be impaired upon lawful order
of the court. If accused would be allowed to leave
the Philippines without sufficient reasons, he may
be placed beyond the reach of the courts.
SECTION 7.
The right of the
people to information on matters of
public concern shall be recognized.
Access to official records, and to
documents, and papers pertaining
to official acts, transactions, or
decisions, as well as to
government research data used as
basis for policy development, shall
be afforded the citizen, subject to
such limitations as may be
provided by law.
SECTION 8.
The right of the
people, including those
employed in the public and
private sectors, to form unions,
associations, or societies for
purposes not contrary to law
shall not be abridged.
SECTION 9.
Private property
shall not be taken for public use
without just compensation.
3 INHERENT/ESSENTIAL
POWERS OF THE GOVT.
1. POLICE POWER
- power to regulate the use of liberty & property for
the promotion of public health, public morals, public
safety, and the general welfare and convenience of the
people.
2. EMINENT DOMAIN
- power to take private property
for public use
upon payment of just compensation
3. TAXATION
- power to impose charge on persons/properties
for the support of the government
Obligation of a Contract
is the law which binds the parties to
perform their agreement according to
its terms provided it is not contrary to
law, morals, good customs, public
order or public policy.
Purpose of non-impairment
is to protect the creditors, to assure
fulfillment of lawful promises.
Business problems would arise if
contracts are not stable and binding.
CONSTITUTIONAL RIGHTS
OF THE ACCUSED IN
CRIMINAL CASES
Article III, Section 11 to 22
Procedure:
1.
2.
3.
4.
5.
Meaning of INVOLUNTARY
SERVITUDE:
a compulsory service of one to
another.
Purpose of prohibition:
human dignity is not a merchandise
for
commercial barters.
HEINOUS CRIMES
- offenses that are exceedingly bad
or evil or those committed with
extreme cruelty as to shock the
general moral sense such as rape,
parricide, murder, robbery with
homicide.