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happiness. Ex. rights against involuntary servitude, liberty of abode, freedom of speech,
of expression or of the press.
3. Social and economic right- They include those right s which are intended to insure the
well-being and economic security of the individual. Ex. right to property, right to just
compensation for private property taken for public use.
4. Rights of the accused- They are the (civil) rights intended for the protection of a person
accused of any crime, like the right to presumption of innocence, right to a speedy ,
impartial, and public trial , and the right against cruel , degrading, or inhuman
punishment .
CLASSES OF RIGHTS
1. Natural Rights those possessed by every citizen without being granted by the State for
they are given to man by God as human being created to His image that he may live a
happy life.
2. Constitutional Rights conferred and protected by the Constitution.
3. Statutory Rights provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political Rights the power to participate directly or indirectly in the establishment or
administration of the government.
2. Civil Rights a law which secures private individuals for the purpose of securing
enjoyment of their means of happiness.
3. Social and Economic Rights intended to insure the well being and economic security
of an individual.
4. Rights of the Accused intended for the protection of a person accused of any crime.
STATE AUTHORITY AND INDIVIDUAL FREEDOM
1.
2.
3.
4.
1. An impartial court or tribunal clothed with judicial power to hear and determine the
matter before it.
2. Jurisdiction lawfully acquired over the person of the defendant and/or over the
property which is the subject matter of the proceeding.
3. Defendant must be given an opportunity to be heard.
4. The judgment must be rendered based upon a lawful hearing previously conducted.
ADMINISTRATIVE
DUE
PROCESS
ADMINISTRATIVE PROCEEDINGS)
(PROCEDURAL
DUE
PROCESS
IN
are similar to each other in that they are below 18 years of age, and it is in this particular
that they differ from adults)
Requirements for a valid classification:
1. Based on substantial distinctions.
2. Germane to the purposes of the law.
3. Not limited to existing conditions only.
4. Apply equally to all members of the same class.
SUBSTANTIAL DISTINCTIONS
-based on substantial not superficial differences (color of skin, length of hair,etc.)
-certain physical differences of persons in some cases can be the basis of a valid
classification like the minimum requirement concerning height and weight in connection
with applications as members of the PNP or NBI
GERMANE/RELEVANCE TO THE PURPOSES OF THE LAW
-Illustration: A law that classifies people into male and female (based on physical
stamina) and prohibits the employment of any female to work as miners or in other heavy
or strenuous work would be constitutional. However, a law that uses that same
classification in order to prescribe a lower passing rate for females than males in the bar
exams violates this guaranty.
NOT LIMITED TO EXISTING CONDITIONS ONLY
-classification must be applicable not only to present conditions but also to future
conditions.
APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS
-classification would be invalid if all members of the same class are not similarly treated,
both as to rights conferred and obligations imposed.
-It is not necessary that the classification be made with absolute symmetry, in the sense
that the members of the class should possess the same characteristics in equal degree.
Substantial similarity will suffice.
Note: Both the Due Process Clause and the Equal Protection Clause are couched in
indefinite language. The purpose of the intentional ambiguity to provide for a more
adjustability to the swiftly moving facts of our changing society.
Search warrant an order in 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 a certain personal property and bring it before the court.
2.
SCOPE OF PROTECTION
1.
2.
Houses not limited to dwelling houses but extends to a garage, warehouse, shop,
store, office and even a safety deposit vault. It does not extend, however, to the
open spaces and fields belonging to one.
3.
Papers and effect include sealed letters and packages in the mail which may be
opened and examined only in pursuance of a valid search warrant.
2.
3.
4.
Must particularly describe the place to be searched and the persons or things to be
seized.
2.
2.
Permissible interference.
a. Upon lawful order of the court; or
b. When public safety or order requires otherwise as prescribed by law.
Intervention of the court.
All forms of communication are entitled to the broad protection of the freedom of expression
clause. Including:
1.
2.
3.
4.
5.
6.
This refers to the official governmental restrictions on the press or other forms of
expressions in advance of actual publication or dissemination. It is freedom from
government censorship of publications, whatever the form of censorship, and regardless
of whether it is wielded by the executive, judicial, or legislative branch of the
government.
TESTS AND LIMITATIONS ON THE PROHIBITION OF PRIOR RESTRAINT
Freedom of expression is not absolute since it is always subject to the police power of the
State.
Generally, prior restraint on speech is invalid unless such restraint meets the burden of
proof necessary to uphold its validity. This burden of proof depends whether the restraint
is in the form of content-based regulations or content-neutral regulations.
a. Content-Based Regulations
- Restraint is aimed at the message or idea of the expression
- Usually imposed because of the fear of how the people will react to a particular
speech
- Bear a heavy presumption of constitutional invalidity
- Test for validity is the Strict Scrutiny Test
- Will be tested for possible overbreadth and vagueness
- Must overcome the present and danger rule
b. Content-Neutral Regulations
- Restraint aims to regulate the time, place, and manner of the expression in public
places without any restraint on the content of the expression (see the Public
Assembly Act of 1985)
- Test for validity is the Intermediate Approach or the OBrien Test:
A government regulation is justified if
1. It is within the constitutional power of the government
2. It furthers a substantial or important government interest
3. The government interest is unrelated to the suppression of free expression
4. The incident restriction on the alleged freedom of expression is no greater
than is essential to the furtherance of that interest
- Only a substantial government interest is required for its validity
2. Freedom from Subsequent Punishment
This is a limitation on the power of the State to impose punishment after publication
or dissemination
DOCTRINES APPLIED TO FREE SPEECH CASES
1. Facial Challenge
This is allowed to be made to a vague statute and one that is overbroad because of the
possible chilling effect upon protected speech. This operates only in the area of
freedom of expression.
2. Overbreadth Doctrine
A governmental purpose may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedoms.
TEST FOR VALID GOVERNMENTAL INTERFERENCE TO FREEDOM OF EXPRESSION
1. Clear and Present Danger Rule
Inquires whether the words are used in such circumstances and of such nature as to create
a clear and present danger that will bring about the substantive evil that the State has the
right to prevent.
2. Dangerous Tendency Rule
A person could be punished for words uttered or ideas expressed which create a
dangerous tendency, or which will cause or bring about the substantive evil that the State
has the right to prevent. It is sufficient if the natural tendency or the probable effect of the
utterance be to bring about such substantive evil.
3. Balancing of Interest Rule
A principle which requires the court to consider the circumstances in each case, and
thereafter, it shall settle the issue which right demands greater protection.
HECKLERS VETO
It involves situations in which the government attempts to ban protected speech because
it might provoke a violent response. In such situations, the mere possibility of a violent
reaction to protected speech is not a constitutional basis on which to restrict the right to
speak.
MEANING OF RIGHT OF ASSEMBLY AND RIGHT OF PETITION
1. The right of assembly means the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs
2. The right of petition means the right of any person or group of persons, to apply
without fear of penalty to the appropriate branch or office of government for redress of
grievances.
Notes on Assembly and Petition
The right to assemble is not subject to prior restraint and may not be conditioned
upon prior issuance of permit or authorization from the government
But the right must be exercised in such a way that will not prejudice public
welfare
To justify limitations on the freedom of assembly the clear and present danger
rule must be satisfied
The applicant for permit to hold assembly should inform the licensing authority of
the date when, the public place where, and the time when it will take place
If it is a private place, only the consent of the owner or of the one entitled to its
possession is required
The application should be filed ahead of time to enable the concerned public
official to appraise whether or not to grant the permit
Clear and present danger test is the standard for the decision reached
all forms of belief in the existence of superior beings exercising power over human
beings and imposing rules of conduct with future state of rewards or punishments.
THREE PRINCIPAL PARTS OF SECTION 5
1. Non-establishment Clause (First sentence)
2. Free Exercise Clause (Second sentence)
3. Non-religious Test Clause (Third sentence)
NON-ESTABLISHMENT CLAUSE
It prohibits the State from passing laws which aid one religion, aid all religions, or prefer
one religion over another
Scope
-
2.
When the accused subject of the HDO has been allowed to leave the country during
the pendency of the case, or has been acquitted of the charge, or the case in which
the warrant/order of arrest was issued has been dismissed or the
warrant/order of
arrest has been recalled;
3. When the civil or labor case or case before an administrative agency of the
government wherein the presence of the alien subject of the HDO/WLO has
been
dismissed by the court or by appropriate government agency, or the alien
has been
discharged as a witness therein, or the alien has been allowed to
leave the country.
THE WLO MAY BE LIFTED OR CANCELLED UNDER ANY OF THE FOLLOWING
GROUNDS:
1. When the validity period of the WLO has already expired;
2.
When the accused subject of the WLO has been allowed by the court to leave the
country during the pendency of the case, or has been acquitted of the
charge;
3.
When the preliminary investigation is terminated, or when the petition for review,
or motion for reconsideration has been denied and/or dismissed.
All applications for lifting/cancellation of HDOs/WLOs must be under oath and
accompanied by certified true copies of the documentary evidence in support of the
ground relied upon.
Any HDO/WLO issued by the Secretary of Justice either on his own or upon request of
government functionaries/offices mentioned in Sections 1 and 2 of the Circular, when the
adverse party is the Government or any of its agencies or instrumentalities, or in the
interest of national security, public safety or public health, may be lifted or recalled
anytime if the application is favorably indorsed by the government
functionaries/offices who requested the issuance of the aforesaid HDO/WLO. (Section 5)
LIMITATIONS ON THE RIGHT
1. Permissible interference. The right is qualified by the clauses except upon lawful
order of the court and except in the interest of the national security, and public safety
or public health as may be provided by law.
2. Intervention of the court. Note that under the second limitation, a court order is not
necessary. The determination of the proper executive officer (President) is subject to
judicial reviews.
A person whose liberty of abode is violated may petition for a writ of habeas corpus
against another holding him in detention.
right of
1.
2.
3.
4.
Similarities
1. Inherent in the State, exercised even without need of express constitutional grant.
2. Necessary and indispensable; State cannot be effective without them.
3. Methods by which State interferes with private property.
4. Presuppose equivalent compensation.
5. Exercised primarily by the LEGISLATURE.
Distinctions
1. PP regulates both liberty and property; ED and PT affect only property rights.
2. PP and PT are exercised only by the government; ED may be exercised by private
entities.
3. Property taken in PP is usually noxious or intended for a noxious purpose and may thus
be destroyed; while ED and PT, the property is wholesome and devoted to public use or
purpose.
4. Compensation in PP is the intangible, altruistic feeling that the individual has contributed
to the public good; in ED, it is the full and fair equivalent of the property taken; while in
PT, it is the protection given and/or public improvements instituted by government for the
taxes paid.
WHO MAY EXERCISE THE POWER?
The power is inherently vested in the legislature. However, Congress may validly
delegate this power to the President, to administrative bodies, and to lawmaking bodies of
local government units.
May the owner of the property expropriated still dispose of that property before the payment of
just compensation? When does title over the property expropriated pass to the expropriator?
It is only upon payment of just compensation that title over the property passes to the
government.
Therefore, until the action for expropriation has been completed and terminated,
ownership over the property being expropriated remains with the registered owner.
Consequently, the owner can exercise all rights pertaining to an owner, including the
right to dispose of his property, subject to the power of the State ultimately to acquire it
through expropriation. ( Republic v Salem Investment Corporation June 23, 2000)
SEC. 10: NO LAW IMPAIRING THE OBLIGATION OF CONTRACTS SHALL BE
PASSED.
MEANING OF OBLIGATION OF A CONTRACT
-is the law or duty which binds the parties to perform their agreement according to its
terms or intent, if it is not contrary to law, morals, good customs, public order, or public
policy.
SCOPE OF TERMS LAW AND CONTRACT
1. The law, the enactment of which is prohibited, includes executive and administrative
orders of the President, administrative orders issued by heads of departments, and
ordinance enacted by local governments.
2. The contract, the obligation of which is secured against impairment under the
Constitution, includes contracts entered into by the government.
PURPOSE OF NON-IMPAIRMENT PROHIBITION
The prohibition is intended to protect creditors, to assure the fulfillment of lawful
promises, and to guard the integrity of contractual obligations.
FREEDOM TO CONTRACT NOT ABSOLUTE
The freedom of contract is necessarily limited by the exercise of the police power of the
State in the interest of general welfare and especially in view of the explicit provisions in
the Constitution with reference to the promotion of social justice.
SEC. 11: FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND
ADEQUATE LEGAL ASSISTANCE SHALL NOT BE DENIED TO ANY PERSON BY
REASON OF POVERTY.
CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES
1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an offense to be informed
of his right to remain silent and to have counsel.
3. The right against the use of torture, force, violence, threat, intimidation or any other
means which vitiates the free will.
4. The right against being held in secret, incommunicado, or similar forms of solitary
detention.
5. The right to bail and against excessive bail.
6. The right to due process of law.
7. The right to presumption of innocence.
8. The right to be heard by himself and counsel.
9. The right to be performed of the nature and cause of the accusation against him.
10. The right to have a speedy, impartial, and public trial.
11. The rights to meet the witnesses face to face.
12. The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.
13. The right against self-incrimination.
14. The right against detention by reason of political beliefs and aspirations.
15. The right against excessive fines.
16. The right against cruel, degrading or inhuman punishment.
17. The right against infliction of the death penalty except for heinous crimes; and
18. The right against double jeopardy.
REASONS FOR CONSTITUTIONAL SAFEGUARDS
1. A criminal case, an unequal contest.
2. Criminal accusation, a very serious matter.
3. Protection of innocent, the underlying purpose.
RIGHT TO FREE ACCESS TO THE COURTS OF QUASI-JUDICIAL BODIES.
RIGHT TO ADEQUATE LEGAL ASSISTANCE.