- The right to be equal before the law

4Q CE - The right to be protected from arbitrary

UNIVERSAL DECLARATION OF HUMAN arrest
RIGHTS - Rights given (VESTED) to us or innate
(HUMAN) to us based on the
 Because of WWII relationship of one person to society
 UNIVERSALITY 2. POLITICAL RIGHTS
 INDEPENDENCE - Guarantee an individual’s involvement in
 JUSTICE public affairs
 A declaration, not a hard law - Right to speech and expression
 Optional - Right to assembly
 UN Cannot force states to change a - Right to vote
policy 3. ECONOMIC RIGHTS
 Standard of all rights - Right to work and fair remuneration
 Even if there is the UDHR, there is - Right to form trade unions and free
still a need for a Bill of Rights associations
 Inherent 4. SOCIAL RIGHTS
- Fulfillment of needs and wants
- Right to family
CORE CHARACTERISTICS OR PRINCIPLES - Right to education
5. CULTURAL RIGHTS
1. UNIVERSAL AND
NONDISCRIMINATORY
- Human rights apply equally to all people RESTRICTIONS, LIMITATIONS, AND
because everyone is born free and SUSPENSIONS OF HUMAN RIGHTS
equal in dignity and rights. Thus,
everyone should be respected  There are instances where the exercise
regardless of their characteristic, of certain rights may restricted, limited,
background, or group membership. or suspended without lawfully complying
2. INALIENABLE with the following minimum
- Human rights are innate to all human requirements (UNCHR, 2006). The
beings and cannot be exchanged for following are just some of the
something else or taken away. People requirements:
have human rights even if the o It shall be defined by law
government violates them or refuse to o It must be least intrusive measure
recognize them. to effectively achieve the
3. INTERCONNECTED AND INDIVISIBLE legitimate purpose
- Each human right is realized in the o It must be interpreted strictly in
fulfillment of other rights; thus, violation the light and context of a
of one affects the other. All human right particular right, without
must be recognized and no right can be jeopardizing the essence of the
prioritized over another. right concerned

FIVE CATEGORIES OF HUMAN RIGHTS CYRUS THE GREAT

1. CIVIL RIGHTS - Announced that all slaves are free to go

- Right to life, liberty, and personal - Announced that everyone is free to
security choose their own religion
 2. Secure the individual from the arbitrary
NATURAL LAW = NATURAL RIGHTS = exercise of powers of the government
HUMAN RIGHTS 3. Protect property from confiscation by
legislative enactments from seizure
UNITED NATION’S MAIN GOAL
 To reaffirm faith in fundamental human
rights

The fundamental elements of due process:

LESSON 2: BILL OF RIGHTS 1. Notice (to be meaningful, must be as to
 Set of prescriptions setting forth the time and place)
fundamental civil and political rights of 2. Opportunity to be heard
the individual and imposing limitations
on the powers of government as a
means of securing the enjoyment of Is publication of laws required as part of due
these rights process? YES
 The Bill of Rights cannot be invoked  Publication of laws is part of substantive
against private individuals due process. It is a rule of law that
 There is a hierarchy of constitutional before a person may be bound by law,
rights he must be officially and specifically
 In the hierarchy of civil liberties, the informed of its contents
rights of free expression and of
assembly occupy a preferred position as Should all laws be published? NO
they are essential to the preservation
and vitality of our civil and political  Laws by internal organizations are not
institutions required to be published as the general
public does no necessarily need to be
informed
SECTION 1
No person shall be deprived of life, liberty,
or property without due process of law, nor EQUAL PROTECTION OF LAW
shall any person be denied the equal
 All persons or things similarly situated
protection of the laws.
should be treated alike, both as to rights
 Private corporations legally existing conferred and responsibilities imposed.
within the Philippines are “persons”  It guarantees equality, not identity of
within the scope of the guarantee insofar rights
as their property is concerned  The classification must:
o Rest on substantial distinctions
DUE PROCESS: A guaranty against any kind
o Be germane to the purpose of the
of abuse and arbitrariness, by anyone in any of
law
the branches of the government. The purpose
o Not be limited to existing
of the due process is to:
conditions only
1. Prevent undue encroachment against o Apply equally to all members of
the life, liberty, and property of the same class
individuals
SEARCHES AND SEIZURES
The right of the people to be secure in their WARRANTLESS ARREST
persons, houses, papers, and effects
1. IN FLAGRANTE DELICTO
against unreasonable searches and
- The person to be arrested has either
seizures of whatever nature and for any
committed, is actually committing, or
purpose shall be inviolable, and no search
about to commit an offense in the
warrant or warrant of arrest shall issue
presence of the person making the
except upon probable cause to be
arrest [Rules of Court, Rule 113, Section
determined personally by the judge after
5 (a)]
examination under oath or affirmation of
- It is in the actual moment
the complainant and the witnesses he may
produce, and particularly describing the
2. HOT PURSUIT
place to be searched and the persons or
- When an offense has in fact just been
things to be seized.
committed and the arresting officer has
probable cause to believe, based on
personal knowledge of the facts and
Requisites of a valid search warrant and
circumstances indicating, that the
warrant of arrest:
person to be arrested has committed it
1. It must be issued upon determination of [Rules of Court, Rule 113, Section 5 (b)]
probable cause - No presence but there is evidence or
2. The probable cause must be determine witnesses
by the judge himself and not by the
applicant or any other person 3. ESCAPED PRISONER OR DETAINEE
3. In the determination of probable cause, - When the person to be arrested is a
the judge must examine, under oath or prisoner who has escaped from a penal
affirmation, the complainant and such establishment or place where he is
witnesses as the latter may produce serving final judgment or temporarily
4. The warrant issued must particularly confined while his case is pending
describe the place to be searched and
persons and things to be seized
PRIVACY OF COMMUNICATION
IS THE RIGHT OT PRIVACY ABSOLUTE?
Are there instances when warrantless arrest /
warrantless search is valid? YES - The right to privacy is not absolute. The
right of privacy or “the right to be let
WARRANTLESS SEARCH
alone,” like the right of free expression,
1. Visual search is made of moving is not an absolute right. A limited
vehicles at CHECKPOINTS intrusion into a person’s privacy has
2. Search is an incident to a valid arrest long been regarded as permissible
3. Search of passengers made in airports where that person is a public figure and
4. When things seized are within plain view the information sought to be elicited
of a searching party (PLAIN VIEW from him or to be published about him
DOCTRINE) constitute of a public character.
5. Stop and frisk (precedes an arrest) Succinctly put, the right of privacy
6. When there is a valid express waiver cannot be invoked to resist publication
made voluntarily and intelligently and dissemination of matters of public
interest. The interest sought to be
 protected by the right of privacy is the peaceably to assemble and petition the
right to be free from unwarranted government for redress of grievances
publicity, from the wrongful publicizing of (Art. III,Sec. 4, 1987 Philippine
the private affairs and activities of an Constitution)
individual which are outside the realm of
legitimate public concern (Ayer Scope of protected freedom of
Productions Pty. Ltd. v. Capulong, G.R. expression under the Constitution
No. 82380, April 29, 1988).
1. Freedom of speech;
2. Freedom of the press;
Example: Latest viral video of Sen. Villar 3. Right of assembly and to petition the
(kakasuhan daw yung nag video pero di government for redress of grievances;
pwede kasi nasa public siya and she is 4. Right to form associations or societies
a public figure) not contrary to law;
5. Freedom of religion; and
6. Right to access to information on
EXCLUSIONARY RULE matters of public concern.
- Any evidence obtained in violation of the LIMITATIONS ON FREEDOM OF
Constitution shall be inadmissible for EXPRESSION
any purpose in any proceeding.
However, in the absence of It should be exercised within the bounds
governmental interference, the of laws enacted for the promotion of
protection against unreasonable search social interests and the protection of
and seizure cannot be extended to acts other equally important individual rights
committed by private individuals (People such as:
v. Marti, G.R. No. 78109, January 18, 1. Laws against obscenity, libel and
1991). slander (contrary to public policy);
2. Right to privacy of an individual;
NOTE: This rule is commonly known as 3. Right of state/government to be
“The fruit of the poisonous tree.” protected from seditious attacks;
4. Legislative immunities;
Example: Nirecord ni Titay yung usapan 5. Fraudulent matters;
nila Toto at Tata about sa crime that they 6. Advocacy of imminent lawless
committed. Dumiretso si Titay sa court conducts;
tas pinarinig sa judge yung recording. Di 7. Fighting words; and
siya valid kasi it goes against the 8. Guarantee implies only the right to
Privacy of Communication nila Toto at reach a willing audience but not the right
Tata dahil di naman sila public figure to compel others to listen, see or read.
REMEMER: Pag private citizen ka at POLITICAL SPEECH
magppresent ng evidence, dapat may
- Political speech is one of the most
CONSENT
important expressions protected by the
Fundamental Law. “and have to be
FREEDOM OF EXPRESSION
protected at all costs for the sake of
- No law shall be passed abridging the democracy." (GMA Network v.
freedom of speech, of expression, or of COMELEC, G.R. No. 205357,
the press, or of the right of the people September 2, 2014). Political speech is
 motivated by the desire to be heard and 2. The primary requirements of decency
understood, to move people to action. It may be enforced against obscene
is concerned with the sovereign right to publications; and
change the contours of power whether 3. The security of community life may be
through the election of representatives protected against incitements to acts of
in a republican government or the violence and the overthrow by force of
revision of the basic text of the orderly government.
Constitution. We evaluate restrictions on
freedom of expression from their effects.
We protect both speech and medium
because the quality of this freedom in LIBERTY OF ABODE AND FREEDOM OF
practice will define the quality of MOVEMENT
deliberation in our democratic society - Rights guaranteed under Sec. 6 of the
(Diocese of Bacolod v. COMELEC, G. Bill of Rights
R. No. 205728, January 21, 2015) 1. Freedom to choose and change one’s
place of abode; and
2. Freedom to travel within the country
ARE THERE EXCEPTIONS TO THE and outside.
RULE ON CENSORSHIP
LIBERTY OF ABODE
- Any law or official that requires some - It is the right of a person to have his
form of permission to be had before home or to maintain or change his
publication can be made, commits an home, dwelling, residence or habitation
infringement of the constitutional right, in whatever place he has chosen, within
and remedy can be had at the courts the limits prescribed by law.
(Chavez v. Gonzales, G.R. No. 168338,
February 15, 2008). May the liberty of abode be impaired?

There are exceptions to the prohibition

- The liberty of abode may be impaired
only: a. Upon lawful order of the court
of prior restraint:
and; b. Within the limits prescribed by
1. Pornography;
law.
2. False or Misleading Advertisement;
3. Advocacy of Imminent Lawless
Examples:
Actions; and
1. Persons in the danger zone areas
4. Danger to National Security
(e.g.Mt. Pinatubo, Taal Volcano) may be
(Soriano v. Laguardia, G.R. No. 165636,
relocated to safer areas and evacuation
April 29, 2009)
centers in case of danger and
emergency to save lives and property.
Near v. Minnesota, 283 US 697 (1931)
2. Insane persons who roam around in
adds the following to the enumeration:
Roxas Boulevard may be committed by
1. When a nation is at war, many things
the government to the National Mental
that might be said in time of peace are
Hospital for appropriate treatment and
such a hindrance to its effort that their
medical attention.
utterance will not be endured so long as
men fight and that no court could regard
NOTE: Under Art. III, Sec. 6, of the
them as protected by any constitutional
Constitution, a lawful order of the court
right;
is required before the liberty of abode
 and of changing the same can be
impaired.

RIGHT TO TRAVEL
- This refers to the right of a person to go
where he pleases without interference
from anyone.

May the right to travel be limited and

controlled?
The limitations on the right to travel
a. Interest of national security;
b. Public safety; and
c. Public health.

NOTE: With respect to the right to travel,

it is settled that only a court may issue a
hold departure order against an
individual addressed to the Bureau of
Immigration and Deportation.

RIGHT TO INFORMATION

The right does not extend to the following:

1. Information affecting national security,
military and diplomatic secrets. It also includes
intergovernment exchanges prior to
consultation of treaties and executive
agreement as may reasonably protect the
national interest; (2009 Bar)
2. Matters relating to investigation,
apprehension, and detention of criminals which
the court may not inquire into prior to arrest,
prosecution and detention;
3. Trade and industrial secrets and other
banking transactions as protected by the
Intellectual Property Code and the Secrecy of
Bank Deposits Act; and
4. Other confidential information falling under
the scope of the Ethical Safety Act concerning
classified information (Chavez v. PCGG, G.R.
No. 130716, December 9, 1998).