compensation.

Article III Classes of Rights of Citizens

BILL OF A. Natural Rights-these are inherent to a person as creation
RIGHTS of God. e.g. Natural Right under Constitution (Life,
ART. III BILL OF RIGHTS Liberty, Property) and right to love.
may be defined as a declaration and B. Constitutional-these are rights which are granted and
enumeration of a person’s rights and privileges protected by the constitution.
which the Constitution is designed to protect C. Statutory Rights-these refers to rights provided by laws
against violations by the government, or by an which are granted by the legislature and may be abolished
individual or groups of individuals. by the same, e.g. Right to maternity leave for employed
it is a charter of liberties for the individual and women, etc.
a limitation upon the power of the State. *The law-making body refers to the LEGISATIVE department or known as the
.Inherent powers of the State HOUSE OF CONGRESS.Classification of Constitutional Rights:
2. Power of Eminent Domain- It is the inherent right of 1. Political Rights-those right a citizen exercises to
the state to expropriate private property for public participate in the affairs of the government.
purpose upon payment of just compensation. e.g. Right to suffrage , right of citizenship, etc.
a. 2. Civil Rights- Those right that a citizen enjoys in
Public Health-e.g. laws restricting importation of harmful drugs, pursuance of individual happiness and development.
maternity leave, restraining mobility of those infected with AIDS, etc. E.g. Right to property, right to abode and travel etc.
b. 3. Social and economic rights- rights intended to ensure
Public Safety-e.g. laws on driving without license, carrying of deadly the well-being and economic security of the individual.
weapons, etc. 4. Rights of the accused- intended to protect persons
c. accused of any crime.
Public Welfare-e.g. laws on regulating rent of apartments/houses, price *Political and civil rights can have meaning only if concrete measures are taken
control, etc. to breathe of life and substance to social and economic rights which include
d. cultural rights.
Public Morals-e.g. Laws prohibiting gambling, closing movie houses, *Freedom of speech, of expression or of the press, the right of assembly and
exhibition of lewd, etc. petition, and the right to form associations are likewise civil rights. However, they
1. Police Power- It is the inherent power of the state to partake of the nature of political rights when they are utilized as a means to
restrain and regulate the use of liberty and property for the participate in the government
comfort, safety and welfare of society. Police power
covers laws on:3. Power of Taxation-It refers to the power of the state to SECTION 1
impose burdens on persons, properties, services and No person shall be deprived of
life, liberty, or property without HEARING
due process of law, nor shall Two (2) Aspects of Due
any person be denied the Proces
equal protection of the laws. 1. Procedural Due Process –
 Life – is not limited to the literal The manner or procedure which
meaning of life. It includes the right of must be followed in the
individual to its body in its completeness, free from enforcement or application of
dismemberment, and extends to God law.
given faculties which makes life 2. Substantive Due Process –
enjoyable. This means that the law to be
-means not only the right to be alive but applied is valid, just and not
also the right to be secure of one’s limb or arbitrary.Right to EQUAL PROTECTION
any part of the body from the physical OF THE LAWS
harm  all persons regardless of their
 Liberty - the right to exist and right circumstances in life, , that is, whether
to be free from personal restraint they are rich or poor, educated or illiterate,
or servitude, the right to contract, the right to choose one’s shall be treated before the law.
employment, the right to labor EQUAL PROTECTION OF THE LAW
etc.  It means that all persons or things
- it is the right to act freely and in similarly situated should be treated
manner one chooses Property - refers to anything that alike both as to rights conferred and
can come under the right of responsibilities imposed.
ownership and be subject of SECTION 2
contract.  Rights against unreasonable searches
- the right that is protected refers not and seizures- this is based on the
only to the possession or the thing constitutional guarantee of the duty of the
itself, but also the right over the thing.LIMITATION of NATURAL RIGHTS: state to provide security to the persons,
Due Process of Law houses, papers, and effects of its people.
• It is a legal maxims which An unreasonable search and seizure is one
hears before it condemns that is conducted illegally or without
and renders judgment only warrant.
after trial.  Rights against unreasonable arrest Search Warrant is an order in writing,
• RIGHT OF NOTICE AND issued in the name of the People of the
Philippines, signed by a judge and -it is a prohibited warrant
directed to a peace officer, commanding JOHN/JANE DOE WARRANT
him to search for certain personal property -not a general warrant because
and bring it before the court. it has descriptio personaeWhen search and seizure may be made
 Warrant of Arrest is an order in writing, without warrant:
issued in the name of the People of the 1. Warrantless search incidental to a lawful arrest
Philippines, signed by a judge and 2. Seizure of evidence in plain view.
directed to a peace officer, commanding 3. Search of a moving vehicle.
him to arrest a person designated,i.e., to 4. Consented warrantless search.
take him into custody in order that he may 5. Customs search or seizure.
be bound to answer for the commission of 6. Stop and frisk
an 7. Exigent and emergency circumstances.
offense.
When arrest may be made without
Essential Requisites of a Valid warrant:
Search Warrant or Warrant of Arrest: 1. Flagrante Delicto (Caught in the
(1) It must be issued upon probable cause. (Probable Act);
cause- there are facts and circumstances attending the 2. Hot Pursuit Operation;
issuance of warrant sufficient to induce a prudent and 3. Arrest of Fugitive.
cautious judge to relay on them); SECTION 3
(2) The probable cause must be determined personally by • Right to privacy of communication and
a judge; correspondence- The provision covers the
(3) Such judge must examine, under oath or affirmation, guarantee from unnecessary interference on the
the complainant and the witness he may produce to right of the people to respond and communicate
determine the existence of probable cause; with one another. The constitution provides two
(3) The warrant must particularly(specific) describe the instances by which the state may lawfully interfere
place to be searched, and the person or things to be with this freedom:
seized. a) upon lawful order of the court, and
GENERAL b) when public safety or order requires it as
WARRANT-a provided or defined by law
warrant that does not specify  (2) Any evidence obtained in violation of this
the thing to be searched of the or the preceding section shall be
person sought to be arrested. inadmissible for any purpose in any
proceeding.Laws protecting PRIVACY Balancing Interest Rule-weighing of rights, one that has greater
Republic Act 4200 importance to public interest must prevail
-ANTI-WIRETAPPING Clear and Present Danger – if the uttered threat seems serious
ACT (i.e. the intent appears to be serious), immediate, grave and
Republic Act 9995 realistic.
-ANTI-PHOTO AND SECTION 5
VIDEO VOYEURISM ACT  Freedom of religion-the right of religious worship
SECTION 4 means that every person is free to choose the kind of
 Freedom of expression- it is the act or process relationship he wants with god and to worship him in a
of conveying in words (speech) and other manner he likes and according to his conscience. The
medium what one wishes, without prior freedom prohibits its regulation by the State
restraint or censorship by the government.  No law shall be made respecting an establishment
Rights: of religion, or prohibiting the free exercise thereof.
a. FREEDOM OF EXPRESSION The free exercise and enjoyment of religious
1. Speech profession and worship, without discrimination or
2. Expression preference, shall forever be allowed. No religious
3. Free Press/Press test shall be required for the exercise of civil or
b. Right of Petition-for redress of grievances political rights.RIGHTS:
c. Right of Assembly-must be peacefulLimitations to Freedom of Expression 1. NON-ESTABLISHMENT OF RELIGION
i. -non advancement of a religion, non favoring of
Libel/Slander/or Severe calumny religion against other religions
ii. 2. FREE-EXERCISE of RELIGION
Anything lewd or obscene A. Freedom of conscience and freedom to adhere
iii. to such religious organization or form of worship
Seditious messages-anything that provokes as the individual may choose cannot be restricted
violence or disorder; by law. (FREEDOM TO BELIEVE)
iv. B. It safeguards the free exercise of the chosen
Balancing Interest Rule form of religion. (FREEDOM TO ACT)
v. Prohibition of Religious
Clear and Present Danger Rule Test
Libel - untruthful information/character assassination in written, -No religious test shall be
and using print or broadcast media. required for the exercise of
Slander - spoken untruthful information/ character assassination civil or political rights.
e.g Religion is not a requirement to private sectors, to form unions,
be employed in the government associations, or societies for
SECTION 6 purposes not contrary to law shall
Liberty of abode and travel - This means that not be abridged.
every person has a right to established his home Right to form associations is the freedom to organize
in any place. He is also free to change his abode or to be a member of any group or association, union, or
or transfer it from one place to another. It society, and to adopt the rules which the members judge
includes the right to travel freely in the most appropriate to achieve their purpose.Limitation on the right
Philippines and outside therefore to any foreign  The right to form associations or
country, subject to the following conditions: societies may be abridged or interfered
(a) upon lawful order of the court; and with by the State in the exercise of its
(b) in the interest of national security, public Police Power. This is the meaning of the
safety, or public health as provided by law. phrase “for purpose not contrary to law”.
SECTION 7 SECTION 9
9. Right to information - every Filipino has  Private property shall not be taken for
the right to gather or obtain information public use without just compensation.
from official records, documents, and papers LIMITATIONS:
relating to official acts, transactions, or -when the elements of eminent domain
decisions of the government. Records are not complied with AND when there
concerning and affecting the security of the in NO DUE PROCESS OF LAW
State and other documents which by their
nature are confidential may not be disclosed
to the public SECTION 10
Limitations on the Right against non-impairment of
right obligations of contracts
1. National security matters. -a contract obliges both parties to
2. Trade secrets and banking perform their agreement according to its
transactions. terms and conditions. The constitution
3. Criminal matters. prohibits the enactment or passage of a
4. Other confidential matters. law that alters or changes the conditions
SECTION 8 of contracts without the consent of the
The right of the people, including parties thereto
those employed in the public and  LIMITATION:
• The freedom of contract is necessarily solitary forms of solitary confinement; and
limited by the exercise of the police e) The right to be informed of these rights.
power of the State in the interest of SECTION 12
general welfare and especially in view Waiver of rights to remain silence and
of the explicit provisions in the counsel
Constitution with reference to the 1. In writing; and
promotion of social justice(e.g. VOID 2. In the presence of counsel.Bail - is the security required by a court and
CONTRACT) Free access to the courts and quasi-judicial given for the provisional or temporary release
bodies and adequate legal assistance shall of a person who is in the custody of the law
not be denied to any person by reason of conditioned upon his appearance before any
poverty. court as required under the conditions
(a)Right of free access to courts – all citizens, rich specified.
or poor, are guaranteed for the enforcement of  The purpose of requiring bail is to relieve an
their rights and the protection of their properties accused from imprisonment until his conviction
from unlawful encroachments by the State and and yet secure his appearance at the trial. The
other persons; right to bail is granted because in all criminal
(b)Rights to adequate legal assistance – the State prosecutions, the accused is presumed
provides free legal assistance to citizens who are innocent.
unable to hire a lawyer by reason of their being
poor
; Excessive
SECTION 11 Bail –
RIGHTS OF A PERSON UNDER is prohibited
CUSTODIAL INVESTIGATION because that is
Miranda Rights - provides that before a person under a the same
custodial investigation is questioned, he must be as denying
informed of the following: the right to post bail.
a) Right to be informed of his right to remain silent; SECTION 13-RIGHT TO BAIL
b) Right to have independent and competent counsel;  Forms of Bail:
c) Right against torture, force, violence, threat, intimidation, ◦ Cash Bond-Cash deposit
or any other means which vitiate the free will; ◦ Property Bond
d) Right against being held in secret, incommunicado, ◦ Surety Bond
or *ON RECOGNIZANCE-custody of a prominent
person trial;
Who may not invoke the right to b. Right to presumption of innocence – in all
bail(LIMITATION) criminal prosecutions, the accused is always
1. One who is not yet in the custody of the law presumed innocent;c. Right to be informed of the nature cause of
2. One charge with capital offense or an offense accusation against him – every person accused of an
punishable by reclusion perpetua offense has the right to know the nature and the cause
3. Under the Rules of Court, “no bail shall be allowed accusation against him and why the crime is imputed
after the judgment has become final, or after the to him;
accused has commenced to serve sentence.”Non-Bailable Crimes d. Right to have a:
1. Kidnapping; Speedy trial–means one could be done immediately
2. Murder; without capricious delays and according to established
3. Rape; rules and procedures;
4. Drug-Pushing; Impartial trial-it is conducted by the court without bias
5. Carnapping; for or against the litigants and that the case is decided
6. Or Crimes Under the Heinous Crime solely on its merits; and
Law, Plunder Law and Dangerous Public trial-meaning, it is open to the public;
Drugs Law. EXCEPT: cases offensive to public morals or decency
 Writ of Habeas Corpus – is an order e. Right to meet the witnesses face-to-face – the accused has
issued by a court of competent the right to confront or meet the witnesses face to face to
jurisdiction, directed to the person (1) allow the accused to cross-examine, through his
detaining another, commanding him to counsel, the witnesses against him or in order to test and
produce the body of the prisoner at a probe into the veracity or truth of their testimonies,
designated time and place and to show affidavits and evidence; and (2) to afford the judge the
sufficient cause for holding in custody opportunity to see for himself how the witnesses behave
the individual so detained. while testifying and being cross-examined;
SECTION 14 f. Right to compulsory process – every person with a crime
RIGHTS OF ACCUSED DURING has a right to have compulsory process to secure the
TRIAL appearance or attendance of witnesses and the production
a. Right to due process of law - simply stated, due of his evidence;
process of law means fair trial, that is, a person court GENERAL RULE: Accused has the
changed with a criminal offense before a court is right to be present always during trial
given the opportunity to defend himself in court and EXCEPT: Trial in absence of the
that before a judgment is issued or rendered, there is accused- “TRIAL IN ABSENTIA”
Conditions himself;
a) He has been arraigned; SECTION 18
b) He has been duly notified of the trial a. Right against detention for political
c) His failure to appear is unjustifiable beliefs – the constitution abhors the
SECTION 15 detention of any person by reason of his
 The privilege of the writ of habeas corpus political beliefs or aspirations;
shall not be suspended except in cases b. Right against involuntary servitude –
of invasion or rebellion, when the public in person can be forced to render
safety requires it. compulsory service to another;
 Writ of Habeas Corpus – is an order issued (e.g prohibition on slavery)
by a court of competent jurisdiction, directed to SECTION 19
the person detaining another, commanding him a. Right to excessive fines – the constitutional
to produce the body of the prisoner at a guarantee against excessive fines ordains that the
designated time and place and to show fine imposed on convict must be the one provided
sufficient cause for holding in custody the in the law;
individual so detained. b. Right against cruel, degrading/inhuman
punishment
SECTION 16 cruel punishment-this means that torture, mutilation
All persons shall have the right or severance or cutting off of body parts, etc. or
to a speedy disposition of their severe pain punishment
cases before all judicial, quasi degrading punishment-it demeans the person of the
judicial, or administrative bodies. convict/ putting one to public humiliation;
-This speaks of SPEEDY SECTION 20
DISPOSITION (right to have one’s  No person shall be imprisoned for debt
case be resolved as fast as or non-payment of a poll tax.
possible) RIGHT AGAINST IMPRISONMENT FOR
SECTION 17 NON-PAYMENT OF POLL TAX and
No person shall be compelled to DEBT
be a witness against himself. a. POLL TAX-cedula/community tax
Right against self-incrimination certificate-for residence tax
– the accused cannot be b. DEBT:
compelled to testify against -simple
-fraudulent(punishable)-limitation to the
right
SECTION 21
Right against double jeopardy –
putting a person twice in jeopardy of
punishment for the same offense
constitutes double jeopardy. The
guarantee provides protection to a
person against the chance of being
punished or tried twice for one and
the same offense.
SECTION 22
 No ex post facto law or bill of attainder
shall be enacted.
a. EX-POST FACTO LAW
-law that punishes an act during the time of
which it was committed was not yet a
crime;it is prohibited
EXCEPT: if favorable to the accused
b. BILL OF ATTAINDER
-convicting an accused without the benefit of
trial