Classification of Rights 1.

Political Rights granted by law to members of a community in relation to their direct or indirect participation in the administration of the government. 2. Civil Rights rights which municipal law will enforce for the purposes of securing them the enjoyment of their means of happiness. Due Process a law which hears before it condemns, inquires first then judge only after trials. Aspects of Due Process 1. Substantive due process restriction on the governments law and rule making powers (legislative) 2. Procedural due process restriction actions of judicial and quasi-judicial agencies. (judiciary) Publication is a must. Why? So that the people would know what will they follow. Due Process Requirements Person is heard in court of competent jurisdiction Person is heard under the orderly process of law Person is given notice and opportunity to be heard Judgment is based on evident adduced

Municipal trial court (punishable for 1 day to 6 yrs imprisonment) -> Regional trial court (6 years, 1 day to imprisonment) -> Court of appeals -> Supreme Court Equal Protection all person or things similarly situated must be similarly treated both as to right conferred and responsibilities impose. Valid Classification 1. 2. 3. 4. There is substantial distinction Not confined to existing conditions Applies equally to all members of the same class Germane to the purpose of the law

Searches and Seizure this right is applicable to all including aliens and to some certain extent, to artificial persons The right is personal and may be invoked only by the person entitled there to as such it could be waived expressly or impliedly

You are presumed innocent until proven guilty.

Postpone arrest on Friday afternoon. Waiver must be made by the person whose right is invaded, not by one who is not duty authorized to effect such waiver. Requisites of Valid Warrant 1. Probable cause 2. Determination of probable cause personally by the judge 3. After personal exam, under oath or affirmation of complainant and witnesses he may produce 4. On the basis of their personal knowledge of the facts they are testifying to; AND probable cause facts as to induce a reasonable man to rely on them and 5. The warrant must describe particularly the place to be searches and person or things to be seized Three Instances (Inclusive) Warrantless Arrest 1. In Flagrante Delicto in the act of doing the crime o A person about to commit, committing, has just committed 2. Hot Pursuit a crime has just been committed and the police has the knowledge that the crime is committed but havent witnessed it 3. Fugitive he is either of the two, the person is convicted of the crime o Was able to evade the prosecution Search Warrant 1. If there is a waiver a. Express allows to search in the house b. Implied simply didnt resist 2. Search incidental to lawful arrest 3. Search in seaports and airports; vessels and airplanes 4. Search of vehicles at borders for violating of smuggling laws 5. Enforcement of sanitary laws 6. Ocular inspection during checkpoint 7. Areal target zoning or saturation drive by military 8. Stop-and-frisk with probable cause 9. Plain view doctrine In doctrine of hot pursuit, the authorities must have actual and personal knowledge. Mere reliable information is not enough. The privacy of communication and correspondence shall be inviolable except upon lawful order of the speaker.

The husband or wife has no right to open the letter of the spouse. Any evidence obtained there form is inadmissible. 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. Libel public and malicious imputation of a crime, vice or defect, real or imaginary or any act, commission, condition, status or circumstance tending to cause the dishonour, discredit or contempt of a natural or juridical person or to blacken the memory of the one who is dead. There is no crime committed if a person criticizes a public official because of his official duty or even his private life so long as it is done in order to protect the public interest.

Fair Comment Rule the opinion is not used to attack personalities but to give ones opinion on the matter or action Statements of opinions The opinion is true and honest opinion

Protected speech includes every form of expression whether oral, written, taped or disc recorded.