1.

ARTICLE III BILL OF RIGHTS

2. CONCEPT OF A BILL OF RIGHTS A bill of rights may be defned as a declaration and enumeration of
a persons rights and privileges which the Constitution is designed to protect against violations by the
government , or by individual or groups of individuals. It is a charter of liberties for the individual and a
limitation upon the power of the State. Its basis is the social importance accorded to the individual in the
democratic or republican state, the belief that every human being has intrinsic dignity and worth which
must be respected and safeguarded
3. CLASSES OF RIGHTS The rights that a citizen of a democratic state enjoys may be classifed into:
Natural rights- They are those rights possessed by every citizen without being granted by the State for
they are given to man by God as a human being created to His image so that he may live a happy life. Ex.
Right to life and right to love Constitutional rights- They are those rights which are conferred and protected
by the Constitution. Since they are part of the fundamental law, they cannot be modifed or taken away by
the law making body Statutory rights- They are those rights which are provided by laws promulgated by
the law making body and, consequently, may be abolished by the same body. Ex. right to receive
minimum wage and right to inherit property.
4. CLASSIFICATION OF CONSTITUIONAL RIGHTS The rights secured by the Constitution may be
classifed as follows: Political rights- They are such rights of the citizens which give them the power to
participate, directly or indirectly, in the establishment or administration of the government. Ex. right of
citizenship, right of sufrage and the right to information on matters of public concern. Civil rights- They
are those rights which the law will enforce at the instance of private individuals for the purpose of securing
to them the enjoyment of their means of happiness. Ex. rights against involuntary servitude, liberty of
abode, freedom of speech, of expression or of the press. Social and economic right- They include those
right s which are intended to insure the well-being and economic security of the individual. Ex. right to
property, right to just compensation for private property taken for public use.
5. 4. Rights of the accused- They are the (civil) rights intended for the protection of a person accused of
any crime, like the right to presumption of innocence, right to a speedy , impartial, and public trial , and
the right against cruel , degrading, or inhuman punishment .
6. 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. What is due process? Any deprivation of life, liberty, or property is with due process if it is
done under the authority of a law that is valid (i.e., not contrary to the Constitution) or of the Constitution
itself, and after compliance with fair and reasonable methods of procedure prescribed by law.
7. ASPECTS OF DUE PROCESS OF LAW. Procedural due process which refers to the method or
manner by which the law is enforced. Daniel Websters famous defnition: a procedure which hears
before it condemn, which proceed s upon inquiry, and renders judgment only after trial. An indispensable
requisite of this aspect of due process is the requirement of notice and hearing Substantial due process
which requires that the law itself, not merely the procedures by which the law would be enforced, is fair,
reasonable, and just. In other words, no person shall be deprived of his life, liberty, or property for
arbitrary reasons or on fimsy grounds.
8. PROCEDURAL DUE PROCESS. 1. In judicial proceedings-For the most part, procedural due
process has its application in judicial proceedings, civil or criminal. It requires: a. An impartial court
clothed by law with authority to hear and determine the matter before it; b. Jurisdiction lawfully acquired
over the person of the defendant or property which is the subject matter of the proceeding; c. Opportunity
to be heard given the defendant; and d. Judgment to be rendered after the lawful hearing.
9. 2. In administrative proceedings- Due process, however, is not always judicial process. In certain
proceedings of an administrative character, notice and hearing may be dispensed with, where because of
public need or for practical reasons, the same is not feasible. Thus, an ofender may be arrested pending
the fling of charges, or an ofcer or employee may be suspended pending an investigation for violation of
civil service rules and regulation.
10. Substantive due process. Viewed in its substantive aspect, due process of law requires that the law
in question afecting life, liberty, or property be a valid law, i.e., within the power of the law-making body to
enact and is reasonable in its operation. Ex. taking of property for private use or without payment of just
compensation ofends substantive due process.
11. Meaning of life- Life, as protected by due process of law, means something more than mere animal
existence. The prohibition against its deprivation without due process extends to all the limbs and faculties
by which life is enjoyed. Meaning of liberty- Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint e.g. imprisonment. It also embraces the right of man to use his
faculties with which he has been endowed by his Creator subject only to the limitation that he does not
violate the law or the rights of others. Meaning of property- Property, as protected by due process of law,
may refer to the thing itself or to the right over a thing. It includes the right to own, use, transmit and even
to destroy, subject to the right of the State and of other persons.
12. MEANING OF EQUAL PROTECTION OF THE LAWS. Equal protection of the laws signifes that: all
persons subject to legislation should be treated alike, under like circumstance and conditions both in the
privileges conferred and liabilities imposed. What it prohibits is class legislation, which discriminates
against some and favors others when both are similarly situated or circumstanced.