ARTICLE III

BILL OF RIGHTS

BILL- a statement or list

> A charter of liberties for the individual and a limitation upon the power of the State.

The Bill of Rights is designed to preserve the ideals of Liberty, equality, and security against the assaults of opPortunism, the expediency of the passing hour, the erosion of small encroachments, and the scorn and derision of those who have no patience with general principles (PBM Employees Organization vs. Phil. Blooming Mills, Inc, June 5, 1973).

Right

from Greek , orektos "stretched out, upright;" Latin rectus "straight, right;"

RIGHTS - that which is due to anyone by just claim, legal guarantees, moral principles..

right is the object of justice. St. Thomas Aquinas

A right is a moral principle defining and sanctioning a mans freedom of action in a social context. Ayn Rand
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world

Preamble to the Universal Declaration of Human Rights, 1948

Types of Rights:
Natural rights - Based on ones dignity as a human person - derive from Nature or God. - God- given - Universal

Constitutional rights -conferred and protected by the Constitution

- Outlined in a constitutions bill of rights

Statutory rights

provided by laws promulgated by the lawmaking body (Legislative branch)

Example: right to a minimum wage, senior citizens discount (Expanded Senior Citizens Act of 2010, RA 9994), discounts for PWDs,

Political / Civil / Legal Rights:

Political Rights
Those that pertain to an individuals participation in government or the political process . E.g., right of citizenship, suffrage.

Civil Rights
Basically refer to rights enjoyed to enable individuals to undertake the everyday business of life. E.g., right of property, marriage

Political / Civil / Legal Rights:

Legal Rights
Rights that apply to individuals when subjected to the law and/or legal procedures and processes.
Human Rights -Are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. (UNHR) - are rights and FREEDOMS to which all humans are entitled.(Wikipedia)

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 the right to due process of law?

No PERSON

All Persons > natural (human being) and juridical persons (artificial persons) Shall be deprived..

Deprivation of LIFE?

Deprivation of Liberty?

Deprivation of Property?

Two- fold aspect of Due process of Law

1. Procedural due process > notice & hearing

2. Substantive due process > law is fair, reasonable, and just

Right to Equal Protection of the Law - signifies that ALL PERSONS subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed. the law is reason free from passion (Aristotle). Class Legislation is prohibited, that which discriminates against some and favors others when both are similarly situated or circumstanced. Reasonable classification permitted -on reasonable grounds, not arbitrary or capricious. example: maternity leave longer than paternity leave

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.

Right against unreasonable search and seizure.

The right of the people to be SECURE.

Persons

Major, major PERSON

> included: citizens, aliens,juridical persons..

HOUSES

Extends to: shop, store, warehouse,office, garage, car..

Papers and Effects

* ALL ILLEGAL SEARCHES and Seizures (arrest) are UNREASONABLE.. Lawful ones are REASONABLE. ** A search or seizure (arrest) made without a WARRANT is not necessarily ILLEGAL..and one made under a warrant is not necessarily LEGAL *** reasonability is a purely JUDICIAL question.

SEARCH WARRANT? WARRANT OF ARREST?

arrest
Is the taking of a person into custody in order that he may bound to answer for the commission of an offense (sec. 1, rule 113, ROC) Also submission to the custody of the person making the arrest .

An arrest without a probable cause is an UNREASONABLE seizure of a person, and violates the privacy of persons which ought not to be intruded by the State (Borlongan v. Pena, G.R. No.

143591, May 5, 2010, Riano, Criminal Procedure p. 203)

Requisites for the issuance of a warrant of arrest:

PROBABLE CAUSEassumes the existence of facts that would lead a reasonably discreet and prudent man to believe that a crime has been committed and that it was likely committed by the person sought to be arrested. - such set of facts and circumstances as would lead a reasonably discreet and prudent man to believe that the offense charged in the INFORMATION, or any offense included therein, has been committed by the person sought to be arrested.

Method of arrest with a warrant:

1. The officer shall inform the person to be arrested of the cause of his arrest; 2. And inform him of the fact that a warrant has been issued for his arrest (except, when he flees, forcibly resists, or will imperil the arrest ,sec. 7, Rule 113, ROC) 3. The officer need not have the warrant in his possession at the time of the arrest. However, after the arrest, the warrant shall be shown to him, as soon as practicable, if the person arrested so requires, (Sec. 7, Rule 113, ROC).

4. The officer assigned to execute the warrant of arrest has the duty to deliver the person arrested to the nearest police station or jail without unnecessary delay (Sec 3, Rule 113,

ROC) , See also, Art. 125 of the Revised Penal Code)

*No Unnecessary Violence No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (Sec. 2, Rule 113,

ROC)

General Rule in Arrests, searches and seizures:

There must be a warrant in order to validly effect the same. The Constitutional prohibition against unreasonable arrests, searches and seizures refers to those effected without a validly issued warrant. A WARRANTLESS exception! arrest is the

Lawful arrests without warrant

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (in flagrante); 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it (hot pursuit);
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another (escapee).(Section 5, Rule 113 Rules of Court)

Valid warrantless searches

*The requirement that a warrant must be obtained from the proper judicial authority prior to the conduct of a search and seizure is, however, not absolute. There are several instances when the law recognizes exceptions, such as: 1.
When the owner of the premises consents or voluntarily submits to a search.

2. When the owner of the premises waives his right against such incursion; 3. When the search is incidental to a lawful arrest, 4. When it is made on vessels and aircraft for violation of customs laws; 5. When it is made on automobiles for purposes of preventing violations of smuggling or immigration laws; 6. When it involves prohibited articles in plain view; 7. When it involves a stop and frisk situations (Terry vs Ohio); 8. When search is under exigent and emergency circumstances; 9. In cases of inspection of buildings and other premises for
the enforcement of fire, sanitary, building regulations (police power).*(Duka, Constitutional Law)