Article III Bill of Rights A declaration and enumeration of a persons rights and privileges which the Constitution is designed

d to protect against violations by the government, or by an individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the State. Classes of Rights: 1. Natural Rights 2. Constitutional Rights 3. Statutory Rights Classification of Constitutional Rights: 1. Political Rights 2. Civil Rights 3. Social and Economic Rights 4. Rights of the Accused State Authority and Individual Freedom 1. State, an instrument to promote both individual and social welfare. 2. Conflict between individual rights and group welfare. 3. Role of Judiciary Section 1: Due Process of Law: 1. under the authority of a law that is valid or of the Constitution itself 2. after compliance with fair and reasonable methods of procedure prescribed by law. Aspects of Due Process of Law: 1. Procedural Due Process refers to method or manner by which the law is enforced. 2. Substantive Due Process requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. Procedural Due Process: 1. In judicial proceedings: a) An impartial court clothed by law with authority to hear and determine the matter before it. b) Jurisdiction lawfully acquired over person of the defendant or property which is the subject matter of the proceeding. c) Opportunity to be heard given the defendant d) Judgement to be rendered after lawful hearing 2. In administrative proceedings Persons Protected: 1. All persons within the territorial jurisdiction of the Philippines 2. Private Corporations

Meaning of Life Life, as protected by due process of law, means something more than mere animal existence. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed. Meaning of Liberty Liberty, as protected by due process of law, denotes not merely freedom from physical restraint. It also embraces the right of man to use his faculties with which he has been endowed by his Creator subject only to the limitation that he does not violate the law or the rights of others. Meaning of Property Property, as protected by due process of law, may refer to the thing itself or to the right over a thing. It includes the right to own, use, transmit and even to destroy, subject to the rights of the State and of other persons. What constitutes deprivation? 1. Deprivation of Life 2. Deprivation of Liberty 3. Deprivation of Property Equal Protection of the Laws All persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges and liabilities imposed. There is no denial of the protection where under the law 1. Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations. 2. Certain professions are limited to persons of the male sex. 3. Certain privileges for leaves and shorter hours of labor extended to women are not extended to men. 4. Preference is given to Filipino citizens in the lease of public market stalls. 5. Different professions are taxed at different amounts. 6. Employment in factories of children under designated ages is prohibited. Scope of Guarantee: 1. Restraint on all organs of the government and on the subordinate instrumentalities and subdivisions thereof, and on the three (3) inherent powers of governments. 2. The guarantee is available to all persons. 3. It does not extend to rights which are political. 4. It is also not intended to rights which are political. Section 2: 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 certain personal property and bring it before the court. Warrant of Arrest written order to arrest a person designated.

Scope of the Protection: 1. Persons 2. Houses 3. Papers and effect Requisites for Valid Search Warrant or Warrant of Arrest: 1. Issued upon probable cause. 2. Probable cause must be determined personally by the judge himself. 3. Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce. 4. Warrant must particularly describe the place to be searched, and the persons or things to be seized. * The law prohibits the issuance of a search warrant for more than one specific offense. Probable Cause are 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. Sufficiency of Description: 1. Place 2. Person 3. Property When search and seizure may be made without warrant: 1. Where there is consent or waiver. 2. Where search is an incident to a lawful arrest. 3. 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, in view of the difficulty attendant to securing a search warrant. 4. Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand. 5. As an incident of inspection, supervision and regulation in the exercise of police power such as inspection of restaurants by health officers, of factories by labor inspectors, etc. 6. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws. When arrest may be made without warrant: 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. 2. 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. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Section 3: Right of Privacy the right to be left alone; right of a person to be free from undesired publicity or disclosure; right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. Limitations on the Right: 1. Upon lawful order of the court. 2. When public safety or order requires otherwise as prescribed by law. Evidence illegally obtained: 1. Inadmissible 2. Reason 3. Right of Owner