'Philippine Constitution – Article Iii Essay\r'

'Article III\r\nBill of skilfuls †solvent and enumeration of a somebody’s set and privileges which the Constitution is designed to protect against violations\r\n hindquarters: tender importance accorded to the individual in a classless or re ordinaryan state\r\nClasses of mightys\r\n1) Natural remediates †up serious possessed by every citizen without being give by the fix for they atomic number 18 given to part by God Ex. full to conduct, reclaim to liability, adept to post, practiced to love 2) Constitutional right †rights which ar conferred and protected by the Constitution; can non be interpreted away 3) Statutory rights †rights which argon provided by virtues exclaim by the rectitude-making body and whitethorn be abolished by the same body Ex. decline to receive a minimum wage, right to adopt a c right\r\nClassification of constitutional rights\r\n1) Political rights †rights of the citizens which give them the agency to pa rticipate 2) Civil rights †rights which the constabulary pull up stakes put through at the instance of cloistered individuals for the purpose of their gratification 3) Social and economic rights †rights which ar intended to crack the well-being and economic security of the individual 4) Rights of the impeach †elegant right intended for the security department of a person acc customd of any crime\r\n submit consent and individual liberty\r\n1) evoke, an instrument to agitate both individual and social eudaimonia †assist the happiness and welfare of both the individual and the host Liberty †blessing without which life is a blow\r\nDoctrine of laissez faire †â€Å"let people do as they choose” 2) Conflict between individual rights and congregation welfare †invoke as an instrument to change both the individual and society together to take a leak their greater happiness 3) Balancing of individual and assort rights and inte rests †there can be no tyrannical baron and unattackable liberty 4) Role of the discriminative system †balancing the interests of the individual and congregation welfare in\r\nthe adjudication of disputes that is fair and dependable Supreme Court †arbiters of the limits of regimenal supplys\r\n mhotion 1. No person sh al mavin be divest of life liberty, or quality without due litigate of impartiality, nor sh altogether any person be denied the equal protection of the laws\r\nDue process of law †a person whitethorn be deprived by the State of his life, liberty, or blank space provided due process of law is observed; a fundamental principle of ripeice in all legal matters, both civil and criminal, especially in the courts. Aspects of due process of law (has two-fold process)\r\n1) Procedural due process †method or cosmosner by which the law is enforced 2) hearty due process †law should be â€Å"fair, reasonable, and just”\r\nProce dural due process\r\n1) In judicial proceedings\r\nIt requires:\r\na) Impartial court\r\nb) Jurisdiction lawfully acquired over the person of the defendant c) Opportunity to be heard given the defendant\r\nd) Judgement to be rendered after lawful hearing\r\n2) In administrative proceedings †an offender may be knock offed pending the filing of charges or an officer/employee may be hang pending an investigation for violation\r\n substantive due process\r\n1) Tax which is subvertd for a mystic purpose constitutes a victorious of property without due process as it is beyond the authority of the legislature to levy. The reason is that tax can be imposed only for a worldly concern purpose. â€Å" competency to give birth principle”\r\n2) Taking of property for private habit offends substantive due process.\r\n soulfulnesss protected †all persons within the territorial jurisdiction of the\r\nPhilippines Life †something to a greater extent than mere animal\r\n Liberty †right of man to use his faculties with which he has been endowed by his author as long as he does non violate the law or the rights of others\r\n billet †the right over a thing\r\nWhat constitutes deprivation\r\n1) departure of life †extinction of human existence and respective(a) physical and mental attributes\r\n2) Deprivation of liberty †untenable restriction on the liberty of others 3) Deprivation of property †property’s value is destroyed or impaired\r\nMeaning of equal protection of the laws\r\n* all persons subject field to legislation should be treated also * prohibits â€Å"class legislation” (discriminates against some and favors others) crusadeable variety permitted\r\n* Persons/properties may be grouped into classes\r\nNo self-abnegation of the protection where low the law-\r\na) Foreign corporations are make to pay higher amount of taxes b) Certain handicrafts are limited to persons of the ‘male’ se x c) Certain privileges for leaves to women are not extended to men d) Preference is given to Filipino citizens in the lease of domain trade stalls e) Different dutys are taxed at distinct amounts\r\nf) Employment of children is prohibit\r\n sec 2. Right of the people to be secure shall be inviolable; no secure shall issue except determined personally by the forecast\r\nSearch visage †point in writing, signed by a mark; face for sealed personal Property\r\nWarrant of stanch †a person is taken into debategrip\r\nScope of protection\r\n1) Persons †protection applies to everybody\r\n2) Houses †the protection is not limited to houses but extends to a garage, warehouse, shop… 3) paper and effect †sealed letters and\r\npackages\r\nWhen appear and gaining control untenable †purely judicial question\r\nRequisites for effectual search apologize or warrant of confirmation\r\n1) Issued upon probable cause\r\n2) Probable cause must(p renominal) be determined personally by the judge 3) Probable cause must be do after examination\r\n4) Warrant must peculiarly describe the place to be searched or persons/things to be apprehendd\r\nProbable cause †there is a dependable reason for believing that the law has been broken or a crime has been committed\r\nSufficiency of vow upon which warrant is based\r\n1) Test of sufficiency profane swearing †perjury could be charge for damages caused in case his declaration are found to be false 2) introduction of affidavit †must be based on personal knowledge or information\r\nSufficiency of description\r\n1) Place\r\n2) Person †â€Å"John Doe” or â€Å"Jane Doe” (person is unknown) 3) Property †must be specific\r\nGeneral warrant †not particularly describe the things to be seized\r\nRights against unreasonable search and seizure, personal\r\n1) Proper party to energise right †the seizure can be contend only by the party whose personal rights were convolute\r\n2) Right subject to electric arc †without proper search warrant, no semi customary positive has the right to introduce the premises of another\r\nWhen search and seizure may be make without warrant\r\n1) Where there is waiver\r\n2) Search is incident to a lawful arrest\r\n3) Forfeited goods are being transported to a verhicle\r\n4) Articles prohibited by law is open to eye and hand\r\nWhen arrest may be made without warrant\r\n1) Had committed\r\n2) Is committing\r\n3) Will be committing\r\n entropy 3. cover of communication shall be inviolable; evidence in violation shall be forbidden Right of silence †right to be left alone\r\nBasis and purpose of the right\r\n1) Right existing in the state of nature †person’s inhering right to enjoy his private life 2) Right designed to secure enjoyment of one’s private life †accorded protection to secure the enjoyment by a person of his private life\r\nRelationship wit h right against unreasonable searches and seizures 1) Aspect of right to be secure in one’s person †constitutional provision on the right of screen implements the security of the citizen 2) Privacy of communication and equalizer\r\nconfinements on the right of privacy of communictions\r\n1) Permissible rub †allowed interfering on privacy Conditions:\r\na) Upon lawful assign of the court\r\nb) reality safety or erect requires otherwise as prescribed by law 2) Intervention of the court\r\nFirst limitation: issued search warrant\r\n momentond limitation: right is subject to the patrol force power of the State\r\nEvidence lawlessly take fored\r\n1) Inadmissible †in any proceeding, judicial or administrative 2) Reason †exclusion is the only hardheaded way of enforcing the constitutional guarantees 3) Right of proprietor †owner of evidence obtained illegally has a right to seize the articles\r\nWrit of habeas corpus †the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment Purpose of the writ †completes the legal armory and remedy of a citizen against violations * Secures the privacy of an individual\r\nHow writ operates †served upon the respondent who shall file an case under oath with gameing affidavit\r\n(affidavit †a sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer)\r\nSec 4. No law shall be passed depriving allaydom of talking to\r\n immunity of speech, of ex shrinkion, and of the press †right to freely declare and publish whatsoever one pleases without previous simmpleness Scope of terms â€Å"speech”, â€Å"expression” and â€Å"press” 1) Speech and expression †oral utterances much(prenominal) as pro seeks as expression of survey about subjects of public concern 2) Press †every sort of publications\r\n impressiveness of the guarantee\r\n1) Pro motes growth of the individual and the nation †immunity of speech should be protected by the State 2) Makes possible, scrutiny of mos and conduct of public officials †public opinion must be enlightened 3) Insures a antiphonal and popular regimen †people must be able to voice their sentiments and aspirations so that they may bring to pass active participants\r\nFreedom of expression not absolute\r\n1) yield to regulation by the State †in order for it to not be injurious 2) Subject one to liability when abused †any one who slanders another may be penalized\r\nJustification for abridgement of freedom of speech and of the press 1) Clear and bear danger rule †a speech allow likely lead to an evil scheme 2) use of rule\r\nRight of assembly †right on the part of the citizens to meet peaceably for consultation in respect to public affairs\r\nRight of appeal †right of any person to apply to the portion branch of the government for redress of grievances\r\nRelationship with freedom of speech and of the press\r\n1) Complement of right of free speech\r\n2) Application of clear and present danger rule\r\nSec 5. No law shall be made respecting an establishment of religion Religious freedom †right of man to worship God\r\n morality †all forms of belief in the existence of prime(prenominal) beings exercising power over human beings\r\nAspects of spiritual freedom\r\n1) Separation of church and state\r\n2) Freedom of sacred prefession and worship\r\nFreedom of religious profession and worship\r\n1) Freedom to believe in a religion\r\n2) Freedom to act in amity with such belief\r\nRight to circularise religious beliefs\r\n1) Relationship with right to believe †right to disseminate religious beliefs and information 2) Justification for restraint of right\r\nLicense fee or tax on sale of religious articles\r\n1) Permission or see to it for exercise of right\r\n2) Imposition of financial weight down after e xercise of right Religious psychometric test prohibited\r\n1) Meaning of terms\r\na) Religious test †one demanding the affirmation or contradiction of certain religious beliefs before the performance of any act b) ‘civil’ or ‘political’ rights including the individual rights 2) Reason for provision †without prohibition, religious freedom becomes meaningless\r\nSec 6. Liberty of abode and travel\r\n* Right of a person to have his home in whatever place chosen by him Limitations on the right\r\n1) Permissible interference †lawmaking body may provide observance of curfew ours, commitment of mentally deranged persons to a mental institutions, confinement to a hospital, arrest and detention of the accused 2) Intervention of the court †a court order is not necessary Sec 7. Right of the people to information on matters of public concern shall be recognized 1) Access to official records for exercise of right\r\n2) Arguments in support of right \r\na) The sovereign people have the right of price of admission to records of their government b) Enable the people to participate much impressively in governmental affairs c) It will make denunciation of government more factual, responsible, effective d) Provide a deterrent to the commission of venalities\r\ne) void public suspicion of officials\r\n3) Constitutionality or validity of implementing law\r\nScope of the right\r\n1) The right embraces all public records\r\n2) It is limited to citizens only\r\n3) Its exercise is subject to such limitations as may be provided by law\r\nLimitations on the right\r\n1) Public records excepted †public records are declared confidential 2) Burden on government to justify withholding of information †healthy residue between the need to afford protection to merry secrets and safeguarding the basic right of the people\r\nSec 8. Right to form associations †freedom to organize any group Purposes of the guarantee\r\n1) Encourage the formation of voluntary associations\r\n2) The of necessity of the social body seek satisfaction in one form or the other Limitation on the right †depriving of forming a group when it shows at hand(predicate) danger\r\nSec 9. Private property shall not be taken for public use without just compensation Essential or inherent powers of government\r\n1) Totality of government power †contained in 3 great powers (power of eminent domain, police power, and power of gross)\r\n2) Similarities\r\n elevated domain †right of the State to take private property for public use upon paying to the owner a just compensation\r\nConditions for or limitations upon its exercise\r\n1) Existence of public use †beneficially diligent for the community 2) Payment of just compensation\r\n3) ceremonial occasion of due process of law in the victorious\r\nMeaning of ‘taking’\r\n1) Actual physical seizure not essential †physical seizure or appropriation of the property , and destruction or impairment\r\n2) The ‘taking’ must be direct\r\n patrol power †power of the State to enact such laws in relation to persons and property as may elevate public health…and convenience of the people Basis of police power †‘the welfare of the people is the imperious law, so use your own as not to injure another’s property’\r\nIllustrations of police power laws\r\n1) Public health †medical profession\r\n2) Public morals †punishing vagrancy and prostitution\r\n3) Public safety †requiring a license for the right to stick motor vehicles 4) General welfare and convenience †requiring overbearing registration of lands\r\nTaxation †power of the State to impose charge or burden upon persons and property for the use and support of the government\r\nTheory and basis of taxation\r\n1) Power: Government cannot continue without means to pay its existence, it has right to compel citizens and property wit hin its limits to move over\r\n2) Basis: Protection and support between the State and its inhabitants Taxes †enforced proportional contributions from persons and property; financial burdens or charges imposed by the government\r\nDistinction among the triad powers\r\n1) As to authority which exercises the power †taxation and police power: government Eminent domain: public service companies\r\n2) As to purpose †taxation: support for government\r\nEminent domain: for public use\r\nPolice power: purpose of promoting the general welfare\r\n3) As to effect †taxation: money -> public funds\r\nEminent domain: right -> property\r\nPolice power: no such rapture\r\n4) As to persons affected †taxation and police power: community Eminent domain: individual 5) As to benefits received †taxation: receives equivalent tax in the form of benefits Eminent domain: compensation\r\nPolice power: compensation is not immediate\r\nSec 10. No law impairing the obligatio n of contracts shall be passed cartel of a contract †law which binds the parties to perform their transcription according to its terms\r\nLaw †includes executive and administrative orders of the President Contract †obligation of which is secured against impairment under the Constitution Purpose of non-impairment prohibition\r\n1) Protect creditors, to verify the fulfilment of lawful promises, and to guard the integrity of contractual obligations\r\nSec15. Writ of habeas corpus shall not be suspended except in cases of invasion\r\nHow writ operates\r\n exemption of the writ †further order from the court to empty an individual if it finds his detention without legal cause or authority\r\n'