1987 Constitution- Article III

Prepared by: Mrs. Cynthia M. Ramos, LPT

BILL OF
RIGHTS
Concept of Bill of Rights
• Bill of rights may be defined as a declaration and enumeration of a
person’s rights and privileges that the Constitution is designed to
protect against violation by the government or 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.
Classes of Rights
• 1.Natural rights-They are the rights possessed by every citizen
without being granted by the State, for they are given to man by
God as a human being created in His image so that he may live a
happy life.
• Examples: the right to life, the right to liberty, the right to property,
and the right to love.
• 2. Constitutional rights- They are the rights that are conferred and
protected by the Constitution. Since they are part of the fundamental
law, they cannot be modified or taken away by any law-making body.
• 3. Statutory rights-They are the rights that provided by laws
promulgated by a law-making body, consequently, they may be
abolished by the same body.
• Examples: the right to receive a minimum wage and the right to
adopt a child by an 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 that give them
the power to participate, directly or indirectly in the establishment or
the administration of the government.
• Examples: the right of suffrage and the right to information on
matters on public concerns
• 2. Civil rights- They are the rights that the law will enforce at the instance
of private individuals for the purpose of securing for them the enjoyment
of their means of happiness.
• Examples: the rights to due process and equal protection of the law; the
rights against involuntary servitude and imprisonment for non-payment
o of debts, or a poll tax; the constitutional rights of the accused; the
social and economic rights, religious freedom, liberty of abode and of
changing the name and the right against impairment of a obligation of
contract, freedom of speech, of expression or of the press; the right of
assembly and petition; and the right to form association.
• 3. Social and Economic rights- They refer to the rights that are
intended to insure the well-being and economic security of the
individual.
• Examples: just compensation for private property taken for public
use; promotion of social justice, the conservation and utilization of
natural resources, the promotion of education, science and
technology, and the arts and culture
• 4. Rights of the accused- They are the (civil) rights intended for the
protection of a person accused of any crime.
• Examples: the right against unreasonable search and seizure; the
right to presumption of innocence; the right to a speedy, impartial,
and public trial; 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
• Any deprivation of life, or property by the State is with due
process if it is done a) under the authority of a law that is valid or
of the Constitution itself and b) after compliance with fair
reasonable methods of procedure prescribed by law.
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. It requires, to paraphrase Daniel Webster’s
famous definition…..a procedure” which hears before it condemns of
which proceeds upon inquiry, and renders judgment only after trials”.
An indispensable requisite of this aspect of due process is the
requirement of notice and hearing.
• 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 grounds.
 Procedural due process

• 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 proceedings;
• c. Opportunity to be heard given the defendant; and
• d. Judgment to be rendered after lawful hearing.
• Thus there is a denial of procedural due process where an accused has been charged
with an offense (e.g. theft) and convicted of another (e.g. robbery). Of course, the
plaintiff has also the right to be given opportunity to be heard on his claim
• In administrative proceedings- Due process, however, is not always
a 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 the offender may be arrested pending an
investigation for violation of civil service rules and regulations.