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Article III - Bill of Rights

• A bill of rights, also known as the "Charter of Liberty," is a declaration and enumeration of a person's basic rights and privileges. It protects against government violations, and by individuals or groups. It limits governmental power.
• A democratic state ensures that all citizens, regardless of economic or social standing, have equal human dignity.
• Rights are categorized into natural rights, those inherent to human beings endowed by God, and constitutional/statutory rights granted or codified by law.
• Constitutional rights cannot be altered or removed by governments, as they are fundamental laws.
• Statutory rights, established by law, are subject to change.
• The bill of rights recognizes social and economic rights along with political and civil rights.

Classification of Constitutional Rights

• Political rights: These empower citizens to participate in government, including citizenship, suffrage, and the right to information on public concerns.
• Civil rights: These are legal rights enforced by the law to ensure the enjoyment of happiness, including due process, equal protection, freedom from involuntary servitude, freedom of abode, freedom to change the same; constitutional rights of the accused, and social and economic rights.
• Social and economic rights: They aim at the well-being and economic security of individuals, including the right to property and just compensation for taken property.
• Rights of the accused: Protecting individuals accused of crimes, these include procedural safeguards, right to due process of law, and freedom from cruel and unusual punishment.

State Authority and Individual Freedom

• The state's role is to promote both individual and collective welfare, but not at the sacrifice of individual rights.
• The government must maintain control over itself, protecting the people's interests.
• Rights and interests of individuals and groups must be balanced.
• The judiciary plays a crucial role in balancing these interests.

Section 1: Due Process of Law

• The state cannot deprive a person of life, liberty or property without due process of law, nor deny equal protection of the laws.
• Due process has two aspects: procedural and substantive.
  • Procedural ensures proper legal methods (e.g., notice, hearing).
  • Substantive ensures fair and just laws (e.g., not arbitrary).

Section 2: Right to Privacy

• The right of the people to be secure against unreasonable searches and seizures shall be inviolable. No search warrants shall issue except upon probable cause.
• Search warrants must specify the place and the persons/things to be seized.

Section 2: When search and seizure may be made without a warrant

• With consent;
• In connection with a lawful arrest;
• Of contraband in vehicles;
• In plain view, and
• At borders and ports of entry.

Section 3: Rights of Person Under Investigation

• Any person under investigation has the right to be informed of their right to remain silent and to have counsel.
• They cannot be forced to waive these rights without counsel present.
• Any confession obtained through duress is inadmissible.

Section 4: Freedom of Speech, of Expression, and of the Press

• No law may abridge freedom of speech, of expression, and of the press.
• Freedom extends to publishing, expressing opinions on matters of public concern, and participating in peaceful protests and petitioning the government.
• However, this freedom is not absolute, restrictions are permissible if there is a clear and present danger to public safety.

Section 5: Free Exercise of Religion

• No law shall be made respecting an establishment of religion.
• The free exercise of religion is guaranteed.

Section 6: Freedom of Abode, and Right to Travel

• The right to liberty of abode and to travel is protected, except when necessary for national security/public safety.
• The exercise of these rights is subject to limitations through lawfully enacted laws.

Section 7: Right to Information

• The public has the right to access to official records and documents.

Section 8: Right to Form Unions, Associations, or Societies

• The right of the people to form unions, associations, or societies is protected as long as their activities are not illegal.

Section 9: Private Property

• The State may not take private property for public use without just compensation.

Section 10: Obligation of Contracts

• No law should impair the obligation of contracts
• Contracts should be performed according to their terms (unless contrary to the law, public order or public policy).

Section 11: Right of Access to Courts

• Free access to courts and quasi-judicial bodies cannot be denied by poverty.

Section 12: Rights of Person Under Investigation

• A person under investigation for a crime has the right to remain silent, to have counsel, and to be free from torture.

Section 13: Right to Bail

• Except for certain serious offenses, an accused must be released on bail prior to conviction.
• Bail cannot be excessive, depending on factors like the nature of the offense and the accused’s financial position.

Section 14: Right to Due Process

• No person can be held for a crime without due process
  • Accused’s rights are protected: speedy/impartial trial, legal assistance, hearing, etc.

Section 15: Right to Habeas Corpus

• The writ of habeas corpus will not be suspended except in cases of invasion or rebellion.
• This ensures that the government cannot wrongfully detain individuals without just cause.

Section 16: Right to Speedy Disposition of Cases

• Courts and quasi-judicial bodies must resolve all cases expeditiously.

Section 17: Right against Self-Incrimination

• No person should be compelled to testify against themselves.

Section 18: Rights of Political Beliefs and Aspirations

• Prohibits detention solely based on political beliefs or aspirations.
• Prohibits involuntary servitude.

Section 19: Right against Excessive Fines, Cruel, Degrading or Inhuman Punishments

• Excessive fines are prohibited; cruel, degrading, or inhuman punishments are prohibited.
• The death penalty is subject to limitations and could be eliminated through legislative action.

Section 20: Prohibition Against Imprisonment for Debt

• No person shall be imprisoned for a debt.
• Exceptions include obligations that are not based on debt, such as criminal conduct.

Section 21: Right Against Double Jeopardy

• A person cannot be tried twice for the same criminal offense unless specific conditions are met.

Section 22: Prohibition against Ex Post Facto Laws and Bill of Attainder

• Ex post facto laws and bills of attainder are prohibited
• Prohibiting retroactive or retrospective application of laws (not favorable to the accused) in criminal cases.

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