NSTP 1 Lesson 2 Bill of Rights PDF

NSTP 1 Lesson No. 2 ARTICLE III: BILL OF RIGHTS BILL OF RIGHTS Section 3. (1) The privacy of communication and correspondence shall be invio...

NSTP 1 Lesson No. 2 ARTICLE III: BILL OF RIGHTS BILL OF RIGHTS Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of Section 1. No person shall be deprived of life, liberty, or the court, or when public safety or order requires otherwise, as property without due process of law, nor shall any person prescribed by law. (2) Any evidence obtained in violation of this be denied the equal protection of the laws. or the preceding section shall be inadmissible for any purpose in any proceeding. Right to life is not merely a right to the preservation of GR: Right to privacy is involable life but also to the security of the limbs and organs of XPN’s the human body against any unlawful harm. By lawful order of the court and: (Suarez,2016) Public Safety or public order as prescribed by law Right to life starts from conception or fertilization. The only post in FB that right to privacy is the status (Imbong vs Ochoa) “Only Me”. (Vivares vs. St. Theresa’s College Right to Liberty it is only the right of a citizen to be free from the mere physical restraint of his person, as by Section 4. No law shall be passed abridging the freedom of incarceration, but the term is deemed embrace the speech, of expression, or of the press, or the right of the people right of the citizen to be free in the engagement of all peaceably to assemble and petition the government for redress his faculties: to be free to use them in lawful ways. of grievances. (Allegeyer vs. Louisiana) Speech is not limited to vocal communication conduct is treat as a form of speech. Symbolic speech is also Section 2. The right of the people to be secure in their persons, considered. (Diocese of Bacolod vs. Comelec) houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be Section 5. No law shall be made respecting an establishment inviolable, and no search warrant or warrant of arrest shall issue of religion, or prohibiting the free exercise thereof. The free except upon probable cause to be determined personally by the exercise and enjoyment of religious profession and worship, judge after examination under oath or affirmation of the without discrimination or preference, shall forever be allowed. complainant and the witnesses he may produce, and particularly No religious test shall be required for the exercise of civil or describing the place to be searched and the persons or things political rights. to be seized. The Free Exercise Clause affords absolute protection to individual religious convictions. However, the Search Warrant- is an order in writing, issued in the government is able to regulate the times, places and name of the people of the Philippine Islands, signed by manner of its exercise. (Cantwell vs. Connecticut) a judge or a justice of peace and directed to a peace Any can conduct a picket but not a strike. officer, commanding him to search for personal Strike is only for Labor Unions property and bring it to the court. (Rodriguez vs. Any can have association and societies. Villamiel) Warrantless Search- It includes; Visual Search, Section 6. The liberty of abode and of changing the same within Search in incident to a valid arrest, Search in the limits prescribed by law shall not be impaired except upon passengers made in airports and ports, Plain view lawful order of the court. Neither shall the right to travel be search, Valid Search, Waiver, Custom Search, Stop impaired except in the interest of national security, public & Frisk. safety, or public health, as may be provided by law. Without Valid Warrant of Arrest- There being no valid arrest , the warrantless search that resulted from Section 7. The right of the people to information on matters of it was likewise illegal. (Rodel Luz vs. People) public concern shall be recognized. Access to official records, Exception and to documents and papers pertaining to official acts, In Flagrante Delicto transactions, or decisions, as well as to government research The person is caught on the act of committing data used as basis for policy development, shall be afforded the a crime. citizen, subject to such limitations as may be provided by law. Hot pursuit Exception National Security Matters Criminal Matters Trade and Industrial Secrets  Other confidential information. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to Section 8. The right of the people, including those employed in be heard by himself and counsel, to be informed of the nature the public and private sectors, to form unions, associations, or and cause of the accusation against him, to have a speedy, societies for purposes not contrary to law shall not be abridged. impartial, and public trial, to meet the witnesses face to face, Examples of not allowed: Drug Mafia and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. Section 9. Private property shall not be taken for public use However, after arraignment, trial may proceed notwithstanding without just compensation. the absence of the accused: Provided, that he has been duly Note: A person should be the real owner of the property notified and his failure to appear is unjustifiable. expropriated. Section 15. The privilege of the writ of habeas corpus shall not Section 10. No law impairing the obligation of contracts shall be suspended except in cases of invasion or rebellion, when the be passed. public safety requires it. Exception: The contract is imbued with public interest, “Habeas corpus” is a Latin phrase which literally means Government Contracts with private contractors. “you have the body”. Basically, it is a writ directed to the person detaining another, commanding him to Section 11. Free access to the courts and quasi-judicial bodies produce the body of the prisoner at a designated time and adequate legal assistance shall not be denied to any person and place, with the day and because of his capture and by reason of poverty. detention, to do, submit to, and receive whatsoever the Pauper Litigant is a litigant who cannot pay the docket court or judge awarding the writ shall consider in that fee or the filing fee. behalf. The presence of Public Attorney’s Office to assist the unprivileged parties in the case. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or Section 12. (1) Any person under investigation for the administrative bodies. commission of an offense shall have the right to be informed of his right to remain silent and to have competent and Section 17. No person shall be compelled to be a witness independent counsel preferably of his own choice. If the person against himself. cannot afford the services of counsel, he must be provided with Right of Self Incrimination deals only with testimonial one. These rights cannot be waived except in writing and in the compulsions. presence of counsel. (2) No torture, force, violence, threat, Exceptions: DNA Test, Drug test it is not testimonial intimidation, or any other means which vitiate the free will shall compulsion. be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are Section 18. (1) No person shall be detained solely by reason of prohibited. (3) Any confession or admission obtained in violation his political beliefs and aspirations. (2) No involuntary servitude of this or Section 17 hereof shall be inadmissible in evidence in any form shall exist except as a punishment for a crime against him. (4) The law shall provide for penal and civil whereof the party shall have been duly convicted. sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and Section 19. (1) Excessive fines shall not be imposed, nor cruel, their families. degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving Section 13. All persons, except those charged with offenses heinous crimes, the Congress hereafter provides for it. Any punishable by reclusion perpetua when evidence of guilt is death penalty already imposed shall be reduced to reclusion strong, shall, before conviction, be bailable by sufficient sureties, perpetua.(2) The employment of physical, psychological, or or be released on recognizance as may be provided by law. The degrading punishment against any prisoner or detainee or the right to bail shall not be impaired even when the privilege of the use of substandard or inadequate penal facilities under writ of habeas corpus is suspended. Excessive bail shall not be subhuman conditions shall be dealt with by law. required. In some case even the crime committed is with a Section 20. No person shall be imprisoned for debt or non- penalty of Reclusion Perpetua the judge by his payment of a poll tax. discretion can allow the accused to post bail. It depends to the weight of evidence. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law Section 14. (1) No person shall be held to answer for a criminal and an ordinance, conviction or acquittal under either shall offense without due process of law. constitute a bar to another prosecution for the same act.  Double Jeopardy- Jeopardy is the peril in which a person is placed when he is regularly charged with a crime before a tribunal properly organized and competent to try him The rule on double jeopardy means that when a person is charged with an offense and the case is terminate either by conviction or acquittal, or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense. Section 22. No ex post facto law or bill of attainder shall be enacted An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. Criminal law applies prospectively