Bill of Rights PDF

Article III: Bill of Rights  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. Right to life is not merely a right to the preservation of life but also to the security of...

Article III: Bill of Rights  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. Right to life is not merely a right to the preservation of life but also to the security of the limbs and organs of the human body against any unlawful harm. (Suarez,2016) Right to life starts from conception or fertilization. ( Imbong vs Ochoa)  Right to Liberty it is only the right of a citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed embrace the right of the citizen to be free in the engagement of all his faculties: to be free to use them in lawful ways. ( Allegeyer vs. Louisiana)  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. Search Warrant is an order in writing, issued in the name of the people of the Philippine Islands, signed by a judge or a justice of peace and directed to a peace officer, commanding him to search for personal property and bring it to the court. ( Rodriguez vs. Villamiel)  Visual Search Search is incident to a valid arrest Search in passengers made in airport and ports. Warrantle Plain View Search ss Search Valid Search Waiver Custom Search Stop and Frisk Without Valid warrant of Arrest There being no valid arrest , the warrantless search that resulted from it was likewise illegal. (Rodel Luz vs. People) Exception The person is caught on In Flagrante the act of Hot pursuit Delicto committing a crime. Section 3. 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. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. GR: Right to XPN’s 1.By lawful 2.Public privacy is order of the Safety or involable court and: public order as prescribed by law  The only post in FB that right to privacy is the status “ Only Me”. ( Vivares vs. St. Theresa’s College  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.  Speech is not limited to vocal communication conduct is treat as a form of speech. Symbolic speech is also considered. ( Diocese of Bacolod vs. Comelec)  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.  The Free Exercise Clause affords absolute protection to individual religious convictions. However, the government is able to regulate the times, places and manner of its exercise. ( Cantwell vs. Connecticut)  Any can conduct a picket but not a strike. Strike is only for Labor Unions Any can have association and societies.  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. Example: The Pandemic  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. Exceptions National Security Matters Criminal Matters Trade and Industrial Secrets Other confidential information.  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. Examples of not allowed: Drug Mafia Section 9. Private Note: A person property shall not should be the real be taken for public owner of the use without just property compensation. expropriated.  SECTION 10. NO LAW EXCEPTION: THE CONTRACT GOVERNMENT CONTRACTS IMPAIRING THE IS IMBUED WITH PUBLIC WITH PRIVATE OBLIGATION OF CONTRACTS INTEREST, CONTRACTORS. SHALL BE PASSED.  SECTION 11. FREE ACCESS TO THE PAUPER LITIGANT IS A LITIGANT WHO THE PRESENCE OF PUBLIC ATTORNEY’S COURTS AND QUASI-JUDICIAL BODIES CANNOT PAY THE DOCKET FEE OR THE OFFICE TO ASSIST THE UNPRIVILEGED AND ADEQUATE LEGAL ASSISTANCE FILING FEE. PARTIES IN THE CASE. SHALL NOT BE DENIED TO ANY PERSON BY REASON OF POVERTY. Section 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.  SECTION 13. ALL PERSONS, EXCEPT THOSE NOTE : IN SOME CASE EVEN THE CRIME CHARGED WITH OFFENSES PUNISHABLE BY COMMITTED IS WITH A PENALTY OF RECLUSION RECLUSION PERPETUA WHEN EVIDENCE OF PERPETUA THE JUDGE BY HIS DISCRETION CAN GUILT IS STRONG, SHALL, BEFORE ALLOW THE ACCUSED TO POST BAIL. IT CONVICTION, BE BAILABLE BY SUFFICIENT DEPENDS TO THE WEIGHT OF EVIDENCE. SURETIES, OR BE RELEASED ON RECOGNIZANCE AS MAY BE PROVIDED BY LAW. THE 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.  Section 14. No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas “Habeas corpus” is a Latin phrase which literally corpus shall not be suspended except in cases of means “you have the body”. Basically, it is a writ invasion or rebellion, when the public safety directed to the person detaining another, requires it. commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf.  Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.  Section 17. No person shall be compelled to be a witness against himself. Right of Self Incrimination deals only with testimonial compulsions. Exceptions: DNA Test , Drug test it is not testimonial compulsion.  Section 18. No person shall be detained solely by reason of his political beliefs and aspirations. 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. 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. 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.  Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall 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