BILL OF RIGHTS We hold these truths to be sacred and undeniable; that all men are created equal and

independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life , liberty, and the pursuit of happiness -Thomas Jefferson (1743 1826) *He is the third President of the United States (18011809), and the principal author of the Declaration of Independence in 1776. The Bill of Rights is a statement of individual liberties, freedom and rights. Which residents and sojourners in the Philippines, Filipino or foreigner, enjoy against exertion of government power. The Bill of Rights is a protection against the State. It is installed by the constitution in favor of individuals against possible abuses and arbitrariness in the exercise of power by the state. The Bill of Rights governs the relationship between the individual and the state . Its concern is not the relation between private individuals. What the Bill of Rights does is to declare some forbidden zones in private sphere inaccessible to any power holder. -FR. Juaquin Bernas (One of the framers of the 1987 Constitution) Power of Taxation = is the power of the state to impose tax on individuals and properties to support the government. 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. DUE PROCESS OF LAW It simply means basic fairness and adequate justice. It requires that the law, in depriving a person his life, liberty or property must be fair and reasonable, and that a person, whose life, liberty or property is at stake of being deprived in a case, must be given the opportunity to be heard and afforded all rights to which he is entitled. TWO ASPECTS OF DUE PROCESS CLAUSE: Procedural Due Process of Law- fair procedure Court proceedings requires: 1. An Impartial Court vested with judicial power to hear and decide cases; 2. Jurisdiction that is lawfully acquired by the court over the defendant and subject property; 3. The defendant must be given notice and opportunity to be heard; and 4. Judgment must be rendered after a lawful hearing. Substantive Due Process of Law- fair and reasonable law Requirements of Sustentative Due Process: 1. Lawful Subject = the interest of the public in general, as distinguished from those of a particular class. 2. Lawful Means = the means employed are reasonably necessary for the accomplishment of purpose, and not unduly oppressive on individuals. Example of Lawful Subject and Lawful Means: No large cattle shall be killed for food without permit and unless such animals are unfit for agricultural work.

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Police Power = is the power of the State to regulate freedoms and property rights of individuals for the protection of public safety, health and morals, or the promotion of public convenience and general prosperity. Eminent Domain = is the power of the state to take private property for public use upon payment of just compensation.

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Lawful Subject: carabaos (main occupation of the people is agriculture, and carabao is useful to it.) Lawful Means: prohibition on slaughter of carabaos for human consumption (to protect the community from the loss of services of such work animals) EQUAL PROTECTION OF THE LAW No person shall be denied the equal protection of the law. ( Bill of Rights, Section 1) MEANING OF EQUAL PROTECTION CLAUSE: 1. The law must treat equally persons or properties similarly situated with respect to the conferment of rights or imposition of obligations. 2. It does not require the universal application of the laws on all persons or things without distinction. 3. It extends merely to persons or properties of the same class. What the equal protection clause requires is equality among equals according to a valid qualification. RIGHT AGAINST UNREASONABLE SEARCHES & SEIZURES It means the right of the people to be secured 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 be issued except upon probable cause to be determined personally by the judge. Warrantless Arrest: Citizens arrest: This means that a private individual can arrest a criminal even without a warrant. Warrantless arrest is allowed under the following occasions: 1. Flagrante Delicto Arrest. When the person to be arrested has committed, is actually committing, is attempting to commit an offense in ones presence.

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Hot Pursuit Arrest. When a crime has just in fact been committed and the arresting police officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it. Time element is a factor in making a hot pursuit arrest for it requires that a crime has just in fact been committed. 3. When a person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. Warrantless Search Search can be made as an incident to a lawful arrest. Checkpoint is legal as long as the searches by police officers who are manning it are limited to visual inspection. Plain View Doctrine Incriminatory items within the plain view of a police officer may be confiscated without offense to the constitution. Evidences obtained in violation of the right against unreasonable search are not admissible in evidence for being fruit of a poisonous tree.