Philippine Constitution – Article Iii Essay

Article III
Bill of rights – declaration and numbering of a person’s right and privileges which the Constitution is designed to protect against misdemeanors
Footing: societal importance accorded to the person in a democratic or republican province

Classs of rights
1 ) Natural rights – right possessed by every citizen without being granted by the State for they are given to adult male by God Ex. Right to life. right to liability. right to belongings. right to love 2 ) Constitutional right – rights which are conferred and protected by the Constitution ; can non be taken off 3 ) Statutory rights – rights which are provided by Torahs promulgated by the law-making organic structure and may be abolished by the same organic structure Ex. Right to have a minimal pay. right to follow a kid

Categorization of constitutional rights
1 ) Political rights – rights of the citizens which give them the power to take part 2 ) Civil rights – rights which the jurisprudence will implement at the case of private persons for the intent of their felicity 3 ) Social and economic rights – rights which are intended to see the wellbeing and economic security of the single 4 ) Rights of the accused – civil right intended for the protection of a individual accused of any offense

State authorization and single freedom
1 ) State. an instrument to advance both single and societal public assistance – promote the felicity and public assistance of both the person and the group Liberty – approval without which life is a wretchedness
Doctrine of laissez faire – “let people do as they choose” 2 ) Conflict between single rights and group public assistance – State as an instrument to enable both the person and society together to achieve their greater felicity 3 ) Reconciliation of single and group rights and involvements – there can be no absolute power and absolute autonomy 4 ) Function of the Judiciary – equilibrating the involvements of the person and group public assistance in
the adjudication of differences that is just and merely Supreme Court – supreme authorities of the bounds of governmental powers

Section 1. No individual shall be deprived of life autonomy. or belongings without due procedure of jurisprudence. nor shall any individual be denied the equal protection of the Torahs
Due procedure of jurisprudence – a individual may be deprived by the State of his life. autonomy. or belongings provided due procedure of jurisprudence is observed ; a cardinal rule of equity in all legal affairs. both civil and condemnable. particularly in the tribunals. Aspects of due procedure of jurisprudence ( has two-fold procedure )

1 ) Procedural due procedure – method or mode by which the jurisprudence is enforced 2 ) Substantive due procedure – jurisprudence should be “fair. sensible. and just”

Procedural due procedure
1 ) In judicial proceedings
It requires:
a ) Impartial tribunal
B ) Jurisdiction legitimately acquired over the individual of the suspect degree Celsius ) Opportunity to be heard given the suspect
vitamin D ) Opinion to be rendered after lawful hearing
2 ) In administrative proceedings – an wrongdoer may be arrested pending the filing of charges or an officer/employee may be suspended pending an probe for misdemeanor

Substantial due procedure
1 ) Tax which is imposed for a private intent constitutes a pickings of belongings without due procedure as it is beyond the authorization of the legislative assembly to impose. The ground is that revenue enhancement can be imposed merely for a public intent. “Ability to pay principle”

2 ) Pickings of belongings for private usage offends substantial due procedure.

Persons protected – all individuals within the territorial legal power of the
Philippines Life – something more than mere carnal
Liberty – right of adult male to utilize his modules with which he has been endowed by his Creator every bit long as he does non go against the jurisprudence or the rights of others
Property – the right over a thing

What constitutes want
1 ) Want of life – extinction of human being and assorted physical and mental properties
2 ) Want of autonomy – unreasonable limitation on the autonomy of others 3 ) Want of belongings – property’s value is destroyed or impaired

Meaning of equal protection of the Torahs
* all individuals subject to statute law should be treated likewise * prohibits “class legislation” ( discriminates against some and favours others ) Reasonable categorization permitted
* Persons/properties may be grouped into categories
No denial of the protection where under the law-
a ) Foreign corporations are made to pay higher sum of revenue enhancements Bs ) Certain professions are limited to individuals of the ‘male’ sex degree Celsius ) Certain privileges for foliages to adult females are non extended to work forces d ) Preference is given to Filipino citizens in the rental of public market stables e ) Different professions are taxed at different sums

degree Fahrenheit ) Employment of kids is prohibited

Sec 2. Right of the people to be unafraid shall be inviolable ; no warrant shall publish except determined personally by the justice
Search Warrant – order in composing. signed by a justice ; hunt for certain personal Property
Warrant of apprehension – a individual is taken into detention
Scope of protection
1 ) Persons – protection applies to everybody
2 ) Houses – the protection is non limited to houses but extends to a garage. warehouse. shop… 3 ) Papers and consequence – sealed letters and

When hunt and ictus unreasonable – strictly judicial inquiry

Necessities for valid hunt warrant or warrant of apprehension
1 ) Issued upon likely cause
2 ) Probable cause must be determined personally by the justice 3 ) Probable cause must be made after scrutiny
4 ) Warrant must peculiarly depict the topographic point to be searched or persons/things to be seized

Probable cause – there is a good ground for believing that the jurisprudence has been broken or a offense has been committed

Sufficiency of affidavit upon which warrant is based
1 ) Trial of sufficiency affidavit – bearing false witness could be charge for amendss caused in instance his declaration are found to be false 2 ) Footing of affidavit – must be based on personal cognition or information

Sufficiency of description
1 ) Topographic point
2 ) Person – “John Doe” or “Jane Doe” ( individual is unknown ) 3 ) Property – must be specific
General warrant – non peculiarly depict the things to be seized

Rights against unreasonable hunt and ictus. personal
1 ) Proper party to raise right – the ictus can be contested merely by the party whose personal rights were involved
2 ) Right capable to waiver – without proper hunt warrant. no public functionary has the right to come in the premises of another

When hunt and ictus may be made without warrant
1 ) Where there is release
2 ) Search is incident to a lawful apprehension
3 ) Forfeited goods are being transported to a verhicle
4 ) Articles prohibited by jurisprudence is unfastened to oculus and manus
When apprehension may be made without warrant
1 ) Had committed
2 ) Is perpetrating
3 ) Will be perpetrating

Sec 3. Privacy of communicating shall be inviolable ; grounds in misdemeanor shall be out Right of privateness – right to be left entirely

Footing and intent of the right
1 ) Right bing in the province of nature – person’s built-in right to bask his private life 2 ) Right designed to procure enjoyment of one’s private life – accorded protection to procure the enjoyment by a individual of his private life

Relationship with right against unreasonable hunts and seizures 1 ) Aspect of right to be secure in one’s individual – constitutional proviso on the right of privateness implements the security of the citizen 2 ) Privacy of communicating and correspondence

Restrictions on the right of privateness of communictions
1 ) Permissible intervention – allowed interfering on privateness Conditionss:
a ) Upon lawful order of the tribunal
B ) Public safety or order requires otherwise as prescribed by jurisprudence 2 ) Intervention of the tribunal
First restriction: issued hunt warrant
Second restriction: right is capable to the constabulary power of the State

Evidence illicitly obtained
1 ) Inadmissible – in any proceeding. judicial or administrative 2 ) Reason – exclusion is the lone practical manner of implementing the constitutional warrants 3 ) Right of proprietor – proprietor of grounds obtained illicitly has a right to prehend the articles

Writ of habeas principal – the right of a citizen to obtain a writ of habeas principal as a protection against illegal imprisonment Purpose of the writ – completes the legal armoury and redress of a citizen against misdemeanors * Secures the privateness of an person

How writ operates – served upon the respondent who shall register an reply under curse with back uping affidavit
( affidavit – a pledged statement in composing made particularly under curse or on avowal before an authorised magistrate or officer )

Sec 4. No jurisprudence shall be passed striping freedom of address
Freedom of address. of look. and of the imperativeness – right to freely arrant and publish whatever 1 pleases without old restraint Scope of footings “speech” . “expression” and “press” 1 ) Address and look – unwritten vocalizations such as protests as look of sentiment about topics of public concern 2 ) Imperativeness – every kind of publications

Importance of the warrant
1 ) Promotes growing of the person and the state – freedom of address should be protected by the State 2 ) Makes possible. examination of Acts of the Apostless and behavior of public functionaries – public sentiment must be enlightened 3 ) Insures a antiphonal and popular authorities – people must be able to voice their sentiments and aspirations so that they may go active participants

Freedom of look non absolute
1 ) Subject to ordinance by the State – in order for it to non be deleterious 2 ) Subject one to liability when abused – any one who slanders another may be penalized

Justification for condensation of freedom of address and of the imperativeness 1 ) Clear and present danger regulation – a address will probably take to an evil strategy 2 ) Application of regulation

Right of assembly – right on the portion of the citizens to run into pacifically for audience in regard to public personal businesss
Right of request – right of any individual to use to the appropriate subdivision of the authorities for damages of grudges

Relationship with freedom of address and of the imperativeness
1 ) Complement of right of free address
2 ) Application of clear and present danger regulation

Sec 5. No jurisprudence shall be made esteeming an constitution of faith Religious freedom – right of adult male to idolize God
Religion – all signifiers of belief in the being of superior existences exerting power over human existences

Aspects of spiritual freedom
1 ) Separation of church and province
2 ) Freedom of spiritual prefession and worship

Freedom of spiritual profession and worship
1 ) Freedom to believe in a faith
2 ) Freedom to move in conformity with such belief
Right to circulate spiritual beliefs
1 ) Relationship with right to believe – right to circulate spiritual beliefs and information 2 ) Justification for restraint of right
License fee or revenue enhancement on sale of spiritual articles
1 ) Permission or status for exercising of right
2 ) Imposition of fiscal load after exercising of right Religious trial prohibited
1 ) Meaning of footings
a ) Religious trial – one demanding the avowal or contradiction of certain spiritual beliefs before the public presentation of any act B ) ‘civil’ or ‘political’ rights including the single rights 2 ) Reason for proviso – without prohibition. spiritual freedom becomes meaningless

Sec 6. Autonomy of residence and travel
* Right of a individual to hold his place in whatever topographic point chosen by him Restrictions on the right
1 ) Permissible intervention – lawmaking organic structure may supply observation of curfew ours. committedness of mentally crazed individuals to a mental establishments. parturiency to a infirmary. apprehension and detainment of the accused 2 ) Intervention of the tribunal – a tribunal order is non necessary Sec 7. Right of the people to information on affairs of public concern shall be recognized 1 ) Access to official records for exercising of right

2 ) Arguments in support of right
a ) The autonomous people have the right of entree to records of their authorities B ) Enable the people to take part more efficaciously in governmental personal businesss degree Celsius ) It will do denouncement of authorities more factual. responsible. effectual vitamin D ) Supply a hindrance to the committee of venalities

vitamin E ) Reduce public intuition of functionaries
3 ) Constitutionality or cogency of implementing jurisprudence

Scope of the right
1 ) The right embraces all public records
2 ) It is limited to citizens merely
3 ) Its exercising is capable to such restrictions as may be provided by jurisprudence

Restrictions on the right
1 ) Public records excepted – public records are declared confidential 2 ) Burden on authorities to warrant withholding of information – healthy balance between the demand to afford protection to critical secrets and safeguarding the basic right of the people

Sec 8. Right to organize associations – freedom to form any group Purposes of the warrant
1 ) Promote the formation of voluntary associations
2 ) The demands of the societal organic structure seek satisfaction in one signifier or the other Limitation on the right – depriving of organizing a group when it shows at hand danger

Sec 9. Private belongings shall non be taken for public usage without merely compensation Essential or built-in powers of authorities
1 ) Entirety of authorities power – contained in 3 great powers ( power of eminent sphere. constabulary power. and power of revenue enhancement )
2 ) Similarities
Eminent sphere – right of the State to take private belongings for public usage upon paying to the proprietor a merely compensation

Conditionss for or restrictions upon its exercising
1 ) Being of public usage – beneficially employed for the community 2 ) Payment of merely compensation
3 ) Observation of due procedure of jurisprudence in the pickings

Meaning of ‘taking’
1 ) Actual physical ictus non indispensable – physical ictus or appropriation of the belongings. and devastation or damage
2 ) The ‘taking’ must be direct

Police power – power of the State to ordain such Torahs in relation to individuals and belongings as may advance public health…and convenience of the people Basis of constabulary power – ‘the public assistance of the people is the supreme jurisprudence. so use your ain as non to wound another’s property’

Illustrations of constabulary power Torahs
1 ) Public wellness – medical profession
2 ) Public ethical motives – penalizing vagrancy and harlotry
3 ) Public safety – necessitating a licence for the right to drive motor vehicles 4 ) General public assistance and convenience – necessitating mandatory enrollment of lands

Taxation – power of the State to enforce charge or load upon individuals and belongings for the usage and support of the authorities
Theory and footing of revenue enhancement
1 ) Power: Government can non go on without agencies to pay its being. it has right to oblige citizens and belongings within its bounds to lend
2 ) Footing: Protection and support between the State and its dwellers Taxes – enforced relative parts from individuals and belongings ; fiscal loads or charges imposed by the authorities

Differentiation among the three powers
1 ) As to authorization which exercises the power – revenue enhancement and police power: authorities Eminent sphere: public service companies
2 ) As to aim – revenue enhancement: support for authorities
Eminent sphere: for public usage
Police power: intent of advancing the general public assistance
3 ) As to consequence – revenue enhancement: money – & gt ; public financess
Eminent sphere: right – & gt ; belongings
Police power: no such transportation
4 ) As to individuals affected – revenue enhancement and police power: community Eminent sphere: single 5 ) As to benefits received – revenue enhancement: receives tantamount revenue enhancement in the signifier of benefits Eminent sphere: compensation

Police power: compensation is non immediate

Sec 10. No jurisprudence impairing the duty of contracts shall be passed Obligation of a contract – jurisprudence which binds the parties to execute their understanding harmonizing to its footings
Law – includes executive and administrative orders of the President Contract – duty of which is secured against damage under the Constitution Purpose of non-impairment prohibition
1 ) Protect creditors. to guarantee the fulfillment of lawful promises. and to guard the unity of contractual duties

Sec15. Writ of habeas principal shall non be suspended except in instances of invasion

How writ operates
Privilege of the writ – farther order from the tribunal to let go of an person if it finds his detainment without legal cause or authorization


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