Article III Bill of Rights PDF

ARTICLE III. BILL OF RIGHTS  ARTICLE III. BILL OF RIGHTS Definition: -a summary of fundamental rights and privileges guaranteed to a people against violation by the state. -It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the law...

ARTICLE III. BILL OF RIGHTS  ARTICLE III. BILL OF RIGHTS Definition: -a summary of fundamental rights and privileges guaranteed to a people against violation by the state. -It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State. ž 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. Bill of Rights ž Common Basic Rights — Due process of law ○A law that hears before it condemns, which proceeds upon inquiry and renders judgment only after trial ○Substantive due process – the law itself is fair, reasonable and just ○Procedural due process – mode of procedure the government must follow in enforcement of the law — Equal protection of the law ○It requires legal equality; that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced ž 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.  — Rights against unreasonable search and seizure ○ Search warrant – an order in writing signed by the judge and directed to a peace officer, commanding him to search for a certain personal property and bring it before the court. ○ “Doctrine of the fruit of poisonous tree” ○ Warrant of arrest – written order signed by the judge and directed to a peace officer, commanding him to arrest a person and to take him into the custody of the law in order that he may be bound to answer for the commission of an offense ○ John Doe warrant – can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused ○ General warrant – is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant EXIT TICKET 2 LINK: https://forms.gle/x1Rx5yzStZsz1GCm9 VALID WARRANTLESS SEARCH ○Search made as an incident to lawful arrest ○Search of moving vehicles ○Seizure of goods concealed to avoid customs duties authorized under Tariffs and Customs Code ○Seizure of evidence in plain view — Plain View Doctrine – the objects within the sight of an officer who has the right to have that view are subject to seizure and may be presented as evidence ○Waiver of right ○Armed conflict ○Others: i.e., saturation drives, checkpoints, stop and frisk VALID WARRANTLESS ARREST ○Crime is committed in presence of arrest officer ○Arresting officer has personal knowledge of the crime ○Person to be arrested is an escaped prisoner ž 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. — Right to privacy of communication and correspondence ○Anti-wire-tapping law ž SECTION 4. 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 for redress of grievances. — Freedom of expression ○Prohibition against prior restraint, eg. censorship, injunction ○Prohibition against subsequent punishment ○Prohibition does not apply during a war, or on obscene publications ○Clear and Present Danger Rule ○Maximum Tolerance – the highest degree of restraint that the military, police and other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same ž SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. ž 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. ž 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. ž 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. ž SECTION 9. Private property shall not be taken for public use without just compensation. ž SECTION 10. No law impairing the obligation of contracts shall be passed. ž SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. ž SECTION 9. Private property shall not be taken for public use without just compensation. ž SECTION 10. No law impairing the obligation of contracts shall be passed. https://forms.gle/8snnPAiXocBVoPtr5 Article III, Sections 11-22 Rights of the Accused SECTION 11. Free access to the courts SECTION 12. Rights of person under custodial investigation SECTION 13. Right to bail SECTION 14. Right to criminal due process right to be presumed innocent right to be heard by himself and counsel, right to be informed of the nature and cause of the accusation against him right to have a speedy, impartial, and public trial, right to meet the witnesses face to face, SECTION 15. Privilege of the writ of habeas corpus Bill of Rights ž Rights of the Accused — Free access to courts — Rights of person under custodial investigation ○ Right to remain silent ○ Right to have competent and independent counsel, preferably of his own choice ○ Right to be provided with the services of a counsel if he cannot afford one ○ Right to be informed of these rights — Right to bail ○ Entitled to bail if actually detained, before conviction ○ Not entitled — If charged with an offense punishable by reclusion perpetua or death — If convicted by the trial court (discretionary pending appeal) — If member of the AFP facing a court martial ○ Right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended ○ Excessive bail shall not be required — Constitutional rights of the accused — Privilege of the writ of habeas corpus ○ Writ of Habeas Corpus – an order from the court directing a detaining officer to produce the body of a person detained and to show the cause or reasons for his detention ○ Writ of Habeas Data - It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. ○ Writ of Amparo - is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. ○ Writ of Kalikasan - is a legal remedy under Philippine law that provides protection of one's Constitutional right to a healthy environment SECTION 16. right to a speedy disposition of their cases before all judicial, quasi- judicial, or administrative bodies. SECTION 17. Right not to be compelled to be a witness against himself. SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax. — Right against self-incrimination — Non-imprisonment for non-payment of debt — Right against double jeopardy ○Double Jeopardy – means that a person is charged twice for the same offense. It also means being charged under a law and an ordinance that punish the same act — Ex post facto law ○Ex post facto law is a law that provides a retroactive effect on its provisions — Bill of attainder ○Bill of attainder is a law that punishes without judicial trial  ARTICLE IV CITIZENSHIP SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. ž Natural-born citizen vs. naturalized ž Expatriation vs. Repatriation ž Dual citizenship vs. Dual allegiance ARTICLE V SUFFRAGE SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.  ARTICLE VI LEGISLATIVE DEPARTMENT Congress ž Unicameral vs. Bicameral ž Composition of Congress of the Philippine ž Term of Office ž Party-List System ž Powers ž Law-making process Lawmaking Process in the Philippines  ARTICLE VII EXECUTIVE DEPARTMENT Executive Department ž Roles of the President ž Election and Term of Office ž Privileges and Prohibitions ž Rules of Presidential Succession ž Powers of the President  ARTICLE VIII SUPREME COURT Judiciary ž Composition of the Supreme Court ž Regular courts vs. Special Courts ž Fiscal autonomy ž Powers of the Supreme Court  CHECKS AND BALANCES Checks by the President Checks by the Congress Checks by the Judiciary - may veto or disapprove - Congress may override the - the Supreme Court as the bills enacted by the veto of the President (Sec. final arbiter may declare Congress (Sec. 27:1) 27:1) legislative measures or - through pardoning power, - Re j e c t c e r t a i n exe c u t i ve a c t s he may modify or set aside appointments of the unconstitutional (Art. VIII, the judgments of courts President (Art. VII, Sec. 16) Sec 4:2) (Art. VII, Sec 19) - Revoke the proclamation - determine whether or not of martial law or there has been a grave suspension of the writ of abuse of discretion habeas corpus by the amounting to lack or President (Art. VII, excess of jurisdiction on Section 18) the part of the Congress or - Amend or revoke the President (Art. VIII, Sec. decision of the Court by 2:2) the enactment of a new law or by an amendment of the old - The power to impeach the President and the members of the Supreme Court.  QUALIFICATIONS PRESIDENT AND VICE-PRESIDENT CONGRESS SUPREME COURT - natural-born citizen of the Philippines SENATORS - he must be a natural-born citizen of the - a registered voter - a natural born citizens of the Philippines Philippines - able to read and write - at least 35 years of age on the day of the - he must be at least forty (40) years of - at least forty (40) years of age on the day election age of the election - able to read and write - he must have, for fifteen (15) years or - a resident of the Philippines for at least - a registered voter more, been a judge of a lower court or ten (10) years immediately preceding the - a resident of the Philippines for not less engaged in the practice of law in the election. than two (2) years immediately Philippines preceding the day of the election - he must be a person of proven HOUSE OF REPRESENTATIVES competence, integrity, probity and - a natural-born citizen of the Philippines independence. - at least 25 years of age on the day of the election - able to read and write - except for a party-list representative, a registered voter in the district in which he shall be elected - a resident thereof for a period of not less than one year preceding the election ADDITIONAL QUALITICATION FOR PARTY-LIST REPRESENTATIVES: - a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election,  COMPOSITION E X E C U T I V E L E G I S L A T I V E JUDICIAL DEPARTMENT DEPARTMENT DEPARTMENT President – Chief Executive SENATE – 24 SUPREME COURT Vice President C u r re nt l y t h e P h i l i p p i n e - c o m p o s e d o f f i f t e e n Cabinet Officials Senate is composed of 23 members Senators 1 Chief Justice H O U S E O F 14 Associate Justice REPRESENTATIVES – not more than 250 members including the Party-list Representatives District Representatives – 80% Party-list Representatives - 20% Currently there are 285 members of the House of Representatives 229 – District representatives 56 – Sectoral Representatives THE LEGISLATIVE BRANCH Congress (Article 6) 1. THE POWER TO ENACT LAWS 2. Police Power 3. Power of Eminent Domain 4. Power of Taxation 5. The power to choose who shall become President in case of tie (Section 4, par.4) 6. The power to impose death penalty (Art. 3, Sec 19) 7. The power to act as a constituent assembly (Art. XVII, section 1) 8. The power to declare the existence of war (Section 23) 9. The power to confirm the appointments of government officials (Section 19) 10. The power to ratify treaty (Art. 7, Section 21) 11. The power to conduct investigation in aid of legislation (Section 21) 12. Immunity from arrest for offenses punishable by not more than six years imprisonment (Section 11) 13. The power to appropriate money (Section 24 & 25) 14. The power to impeach (Art. XI, Sec. 2) THE EXECUTIVE BRANCH President (Article 7) 1. THE POWER TO IMPLEMENT LAWS 2. Administrative Power and control over the agencies of the governments(Section 17) 3. The power to appoint government officials (Section 16) 4. The power to commute sentence, grant pardon, reprieve and amnesty (Section 19) 5. The power to declare martial law (Section 18) 6. The power to suspend the privilege of writ of habeas corpus (Section 18) 7. The power to veto a law (Art. 6, Section 7) 8. The power of supervision and control over the local government (Art. X, Section 4) 9. The power to conduct treaty and international agreement with other states (Section 21) THE JUDICIAL BRANCH The Supreme Court (Article 8) 1. THE POWER TO INTERPRET LAWS 2. THE POWER OF JUDICIAL REVIEW. a. The power to determine whether there has been a grave abuse of discretion lack or excess of jurisdiction of any branch or instrumentality of the government (Sec. 4, par. 2) 3. ADJUDICATORY POWERS (Section 1, par. 2) a. The power to determine the validity and constitutionality of the laws of the State b. The power to settle actual controversies involving rights which are legally demandable and enforceable 4. Assign temporarily judges of lower courts to other stations as public interest may require 5. Order the change of venue or place of trial to avoid a miscarriage of justice 6. Appoints all officials and employees of the Judiciary in accordance with the Civil Service Law Constitutional Commissions ž COMELEC ž COA ž CSC Local Government ž Province ž Municipality ž City ž Administrative Regions Amendment or Revision ž Constitutional Convention ž Constituent Assembly ž People’s Initiative THANK YOU!