Article III. Bill of Rights Concept of Bill of Rights  Bill of Rights – declaration and enumeration of person’s rights and privileges which the Constitution is designed to protect against violations by the government, or by individual or groups of individuals. Rights may be classified into the following: o Natural Rights – rights possessed by every citizen without being granted by the state for they are given to man by God o Constitutional Rights – rights which are conferred and protected by the Constitution. This may be classified into:  Political Rights – rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government  Civil Rights – rights which the law will enforce the instance of private individuals for securing to them the enjoyment of their means of happiness  Social and Economic Rights – rights that insures the well- being and economic security of the individuals.  Rights of the Accused – rights intended for the protection of a person accused of any crime o Statutory Rights – rights which are provided by laws promulgated by the law-making body, and consequently, may be abolished by the same body Sec 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 – done under the authority of a law that is valid or of the Constitution itself, and after compliance with fair and reasonable methods of procedure prescribed by law o Procedural Due Process – a procedure which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial  Detention Imprisonment – occurs to a person when he or she is in jail during a process of trial o Substantive Due Process – the law itself, not merely the procedures by which law would be enforced, is fair, reasonable, and just.  Equal Protection of Laws – all persons subject to legislation should be treated alike, under like circumstances and conditions both in privileges conferred and liabilities imposed Sec 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, an 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 complaint and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.  Search Warrant – an order of writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer commanding him to search for personal property and bring it before the court  Warrant of Arrest – a written order if the command is to arrest a person designated, i.e., to take him into custody in order that he mat bound to answer for the commission of an offense  Requisites for Valid Search Warrant of Warrant of Arrest 1. It must be issued upon probable cause.  Probable Cause – meant such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof 2. Probable cause must be determined personally by the judge. 3. Such determination of the existence of probable cause must be made after examination by the judge of the complaint and the witnesses he may produce; and 4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.  Warrantless Searches and Seizures 1. Waiver or Consent 2. Incidental to Lawful Arrest 3. Plain View Doctrine – the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand 4. Stop and Frist (Terry Search) – for reasonable suspicion 5. Moving Vehicle Doctrine (Carrol Doctrine) – in the case of contraband or forfeited goods being transported by ship automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them 6. Checkpoints – routinary searches upon entering land areas 7. Airport/Seaport Searches – routinary searches made at ports of entry in the interest of national security 8. Private Searches – done by a private person of private entity  Warrantless Arrest 1. In Flagrante Delicto – when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2.Hot Pursuit – when an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; 3. Escape – when the person to be arrested is a prisoner who has escaped from a penal establishment or place Sec 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.  Right of Privacy – defined as the right to be left alone; the right of a person to be free from unwarranted publicity; the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned  It is violative of the guarantee given by the privacy provision to admit evidence to obtained by tapping of the telephone wires, or through the use of a detectaphone as prescribed in RA 4200. Sec 4. 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 & petition the government for redress of grievances.  Freedom of Expression – implies the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someone’s character, reputation or business. It also includes the right to circulate what is published.  Freedom of Expression Not Absolute – it is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society; and this power may be exercised under the police power of the State to promote or protect the public welfare.  Right of Assembly – the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.  Right of Petition – the right of any person or group of persons to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances. Sec 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preferences, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.  Religious Freedom – the right of a man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil, or ecclesiastical.  Religious Test – one demanding the avowal or repudiation of certain religious beliefs before the performance of any act, i.e. laws prescribing the qualification of public officials or employees, whether appointive or elective, or of voters, may not contain requirements of religious beliefs. Sec 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.  Liberty of Abode and Travel – right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source  The right is qualified, however, is diminished if there is an order of the court or in the interest of national security, public safety, or public health as may be provided by law.  Writ of Habeas Corpus – petitioned by a person whose liberty of abode is violated against another holding him in detention Sec 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to