Philippine Constitution †Article Iii Essay

Article IIIBill of right fields declaration and enumeration of a around nonpareils right and privileges which the fundamental natural righteousness of nature is designed to protect against violationsBasis social importance accorded to the individual in a democratic or republi go off stateClasses of rights1) Natural rights right possessed by all(prenominal) citizen without being granted by the democracy for they argon given to man by God Ex. secure to life, right to liability, right to seat, right to love 2) Constitutional right rights which atomic number 18 conferred and saved by the Constitution can non be taken away 3) Statutory rights rights which are provided by polices promulgated by the justness-making body and whitethorn be abolished by the same body Ex. chastise to receive a minimum wage, right to borrow a childClassification of constitutional rights1) Political rights rights of the citizens which give them the mightiness to participate 2) Civil rights r ights which the law will enforce at the instance of orphic individuals for the draw a bead on of their happiness 3) Social and economic rights rights which are intend to insure the well-being and economic security of the individual 4) Rights of the accused civil right intended for the surety of a individual accused of any crime press out authority and individual exemption1) State, an instrument to promote some(prenominal) individual and social welfare promote the happiness and welfare of both the individual and the group Liberty blessing without which life is a miseryDoctrine of laissez faire let citizenry do as they choose 2) Conflict between individual rights and group welfare State as an instrument to enable both the individual and society together to attain their greater happiness 3) balancing of individual and group rights and interests there can be no absolute business office and absolute intimacy 4) Role of the Judiciary balancing the interests of the individ ual and group welfare inthe adjudication of disputes that is fair and skilful domineering Court arbiters of the limits of g overnmental positions due southtion 1. No somebody shall be deprived of life self-direction, or airplane propeller without referable shape of law, nor shall any person be denied the tinct protection of the lawsDue process of law a person may be deprived by the State of his life, liberty, or billet provided due process of law is observed a fundamental principle of fairness in all heavy matters, both civil and criminal, especially in the chat ups. Aspects of due process of law (has two-fold process)1) Procedural due process method or manner by which the law is enforced 2) Substantive due process law should be fair, reasonable, and justProcedural due process1) In good proceedingsIt requiresa) Impartial courtb) Jurisdiction lawfully acquired over the person of the defendant c) Opportunity to be heard given the defendantd) Judgement to be rendered after lawful hearing2) In administrative proceedings an offender may be arrested pending the filing of charges or an officer/employee may be suspended pending an investigating for violationSubstantive due process1) Tax which is imposed for a private utilisation constitutes a taking of property without due process as it is beyond the authority of the legislature to levy. The reason is that value can be imposed only for a overt purpose. Ability to pay principle2) victorious of property for private use offends substantive due process.Persons protected all persons within the territorial jurisdiction of thePhilippines Life something more than mere animalLiberty right of man to use his faculties with which he has been endow by his Creator as long as he does not violate the law or the rights of othersProperty the right over a thingWhat constitutes deprivation1) Deprivation of life extinction of humane existence and various physical and mental attributes2) Deprivation of liber ty preposterous restriction on the liberty of others 3) Deprivation of property propertys value is destroyed or impairedMeaning of equal protection of the laws* all persons subject to legislation should be treated alike * prohibits class legislation (discriminates against some and favors others) Reasonable classification permitted* Persons/properties may be grouped into classesNo denial of the protection where under the law-a) overseas corporations are made to pay higher amount of taxes b) Certain professions are limited to persons of the male stimulate c) Certain privileges for leaves to women are not extended to men d) Preference is given to Filipino citizens in the require of public market stalls e) Different professions are taxed at different amountsf) Employment of children is prohibitedSec 2. Right of the people to be secure shall be inviolable no warrant shall issue turn out determined in the flesh(predicate)ly by the judgeSearch Warrant order in writing, signed by a judge try on for certain personal PropertyWarrant of arrest a person is taken into custodyScope of protection1) Persons protection applies to bothbody2) Houses the protection is not limited to houses but extends to a garage, warehouse, shop 3) Papers and effect sealed letters andpackagesWhen search and seizure unreasonable purely judicial questionRequisites for valid search warrant or warrant of arrest1) Issued upon probable cause2) presumable cause essential be determined personally by the judge 3) Probable cause must be made after examination4) Warrant must particularly picture the place to be searched or persons/things to be seizedProbable cause there is a good reason for believing that the law has been broken or a crime has been committedSufficiency of affidavit upon which warrant is based1) judge of sufficiency affidavit perjury could be charge for damages caused in case his declaration are found to be false 2) Basis of affidavit must be based on personal knowle dge or informationSufficiency of description1) Place2) Person John Doe or Jane Doe (person is unkn stimulate) 3) Property must be specificGeneral warrant not particularly describe the things to be seizedRights against unreasonable search and seizure, personal1) Proper party to invoke right the seizure can be contested only by the party whose personal rights were involved2) Right subject to expelling without proper search warrant, no public official has the right to enter the premises of anotherWhen search and seizure may be made without warrant1) Where there is waiver2) Search is incident to a lawful arrest3) Forfeited goods are being transported to a verhicle4) Articles prohibited by law is untied to eye and handWhen arrest may be made without warrant1) Had committed2) Is committing3) Will be committingSec 3. Privacy of communication shall be inviolable evidence in violation shall be prohibit Right of cover right to be left aloneBasis and purpose of the right1) Right exis ting in the state of nature persons inherent right to enjoy his private life 2) Right designed to secure enjoyment of ones private life accorded protection to secure the enjoyment by a person of his private lifeRelationship with right against unreasonable searches and seizures 1) Aspect of right to be secure in ones person constitutional render on the right of privacy implements the security of the citizen 2) Privacy of communication and correspondenceLimitations on the right of privacy of communictions1) Permissible interference allowed interfering on privacy Conditionsa) Upon lawful order of the courtb) Public sentry go or order requires otherwise as prescribed by law 2) Intervention of the court eldest limitation issued search warrantSecond limitation right is subject to the police power of the StateEvidence illegally obtained1) Inadmissible in any proceeding, judicial or administrative 2) Reason extrusion is the only pr cropical way of enforcing the constitutional guara ntees 3) Right of owner owner of evidence obtained illegally has a right to seize the articlesWrit of habeas corpus the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment Purpose of the writ completes the legal armory and recompense of a citizen against violations * Secures the privacy of an individualHow writ operates served upon the respondent who shall file an answer under vow with support affidavit(affidavit a sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer)Sec 4. No law shall be passed depriving immunity of speech freedom of speech, of ex recommendion, and of the press right to freely utter and publish whatever one pleases without previous restraint Scope of footing speech, expression and press 1) Speech and expression spoken utterances such as protests as expression of opinion about subjects of public concern 2) Press every sort of publicationsImporta nce of the guarantee1) Promotes growth of the individual and the nation freedom of speech should be protected by the State 2) Makes possible, scrutiny of acts and conduct of public officials public opinion must be novice 3) Insures a responsive and popular government people must be able to voice their sentiments and aspirations so that they may become active participantsFreedom of expression not absolute1) Subject to regulation by the State in order for it to not be injurious 2) Subject one to liability when mistreat any one who slanders another may be penalizedJustification for abridgement of freedom of speech and of the press 1) Clear and present danger rule a speech will likely lead to an sin scheme 2) Application of ruleRight of assembly right on the part of the citizens to meet peaceably for consultation in respect to public affairsRight of petition right of any person to apply to the appropriate branch of the government for redress of grievancesRelationship with fr eedom of speech and of the press1) co-occurrence of right of free speech2) Application of clear and present danger ruleSec 5. No law shall be made respecting an establishment of religion Religious freedom right of man to idolise GodReligion all forms of belief in the existence of superior beings exercising power over human beingsAspects of religious freedom1) Separation of church and state2) Freedom of religious prefession and worshipFreedom of religious profession and worship1) Freedom to take in a religion2) Freedom to act in accordance with such beliefRight to disseminate religious beliefs1) Relationship with right to believe right to disseminate religious beliefs and information 2) Justification for restraint of rightLicense fee or tax on sale of religious articles1) Permission or condition for exercise of right2) finesse of financial burden after exercise of right Religious test prohibited1) Meaning of termsa) Religious test one demanding the affirmation or contradictio n of certain religious beliefs before the exploit of any act b) civil or political rights including the individual rights 2) Reason for provision without prohibition, religious freedom becomes meaninglessSec 6. Liberty of abode and travel* Right of a person to pack his blank space in whatever place chosen by him Limitations on the right1) Permissible interference legislation body may provide observance of curfew ours, commitment of mentally deranged persons to a mental institutions, restriction to a hospital, arrest and detention of the accused 2) Intervention of the court a court order is not necessary Sec 7. Right of the people to information on matters of public concern shall be accept 1) Access to official records for exercise of right2) Arguments in support of righta) The sovereign people have the right of access to records of their government b) Enable the people to participate more effectively in governmental affairs c) It will make denunciation of government more fa ctual, responsible, effective d) Provide a bridle to the commission of venalitiese) Reduce public suspicion of officials3) Constitutionality or validity of implementing lawScope of the right1) The right embraces all public records2) It is limited to citizens only3) Its exercise is subject to such limitations as may be provided by lawLimitations on the right1) Public records excepted public records are declared confidential 2) core on government to justify withholding of information healthy balance between the need to collapse protection to vital secrets and safe safetying the basic right of the peopleSec 8. Right to form associations freedom to point any group Purposes of the guarantee1) Encourage the formation of voluntary associations2) The needs of the social body seek satisfaction in one form or the other Limitation on the right depriving of forming a group when it shows imminent dangerSec 9. Private property shall not be taken for public use without just pay Essential or inherent powers of government1) Totality of government power contained in 3 great powers (power of eminent reality, police power, and power of taxation)2) SimilaritiesEminent domain right of the State to take private property for public use upon paying to the owner a just compensationConditions for or limitations upon its exercise1) Existence of public use beneficially employed for the community 2) Payment of just compensation3) Observance of due process of law in the takingMeaning of taking1) literal physical seizure not essential physical seizure or appropriation of the property, and destruction or impairment2) The taking must be directPolice power power of the State to ordinate such laws in relation to persons and property as may promote public healthand thingmabob of the people Basis of police power the welfare of the people is the supreme law, so use your own as not to injure anothers propertyIllustrations of police power laws1) Public health medical profession2 ) Public morals punishing vagrancy and prostitution3) Public safety requiring a permit for the right to drive motor vehicles 4) General welfare and convenience requiring compulsory registration of landsTaxation power of the State to impose charge or burden upon persons and property for the use and support of the government possibleness and basis of taxation1) Power Government cannot continue without means to pay its existence, it has right to compel citizens and property within its limits to contribute2) Basis Protection and support between the State and its inhabitants Taxes enforced proportional contributions from persons and property financial burdens or charges imposed by the governmentDistinction among the three powers1) As to authority which exercises the power taxation and police power government Eminent domain public service companies2) As to purpose taxation support for governmentEminent domain for public usePolice power purpose of promoting the general welfare3) As to effect taxation money - public fundsEminent domain right - propertyPolice power no such transfer4) As to persons affected taxation and police power community Eminent domain individual 5) As to benefits received taxation receives analogous tax in the form of benefits Eminent domain compensationPolice power compensation is not immediateSec 10. No law impairing the promise of contracts shall be passed Obligation of a contract law which binds the parties to perform their agreement according to its termsLaw includes executive and administrative orders of the President Contract obligation of which is secured against impairment under the Constitution Purpose of non-impairment prohibition1) Protect creditors, to assure the fulfilment of lawful promises, and to guard the integrity of contractual obligationsSec15. Writ of habeas corpus shall not be suspended except in cases of violationHow writ operatesPrivilege of the writ further order from the court to release an individual i f it finds his detention without legal cause or authority