Overview
This lecture covers the Bill of Rights under Article III of the 1987 Philippine Constitution, detailing citizens' fundamental rights and limits on government power.
Due Process and Equal Protection
- No person can be deprived of life, liberty, or property without due process of law.
- Due process requires legal matters to be resolved following established rules and principles.
- All individuals must be treated equally by the law, including citizens and aliens.
Rights Against Unreasonable Search and Seizure
- Unreasonable searches and seizures are prohibited without a valid warrant based on probable cause.
- Warrants must specify the place and items/persons involved, and be issued by a judge.
- Warrantless arrests are allowed in cases like in flagrante delicto, hot pursuit, or escaped prisoners.
- Citizen’s arrest allows civilians to apprehend those committing crimes under limited circumstances.
- Warrantless searches are valid if there is consent, exigent circumstances, incident to lawful arrest, or under the plain view doctrine.
Right to Privacy
- Individuals have the right to be left alone, except when there is a lawful court order or public safety concerns.
Freedom of Speech, Expression, Press, Assembly, and Religion
- Individuals may express opinions, but this right does not cover defamation (libel or slander).
- The right to assemble can be restricted for national security, public safety, or to prevent disorder.
- Freedom of religion protects belief and practice, but within reason and legality.
Liberty of Abode and Right to Travel
- Individuals can choose their residence and travel, unless restricted by lawful court order or concerns of security, safety, or health.
Right to Information and Association
- Citizens can access official government records, except those affecting state security, military intelligence, trade secrets, and certain confidential matters.
- People can form associations, unions, or groups freely.
Right to Just Compensation and Contract Obligations
- Government can take private property for public use only with due process and just compensation.
- The government cannot pass laws impairing enforceable contracts.
Habeas Corpus and Protection from Debtor’s Prison
- Habeas corpus allows detainees to challenge unlawful detention, except during invasion or rebellion.
- No person can be jailed solely for inability to pay debt, though fraud (estafa) is prosecutable.
Ex Post Facto Laws and Bill of Attainder
- No laws can penalize actions retroactively or impose punishment without judicial trial.
Rights of the Accused
- Accused have Miranda rights (right to silence, counsel, and to be informed of these).
- Right to presumption of innocence and speedy, impartial, public trial.
- Protection from torture, secret detention, and self-incrimination.
- Right to be informed of charges and to compulsory production of witnesses and evidence.
- No detention for political beliefs; protection from involuntary servitude (with exceptions).
- Rights against excessive fines, cruel punishments, and entitled to bail (except in severe cases).
Key Terms & Definitions
- Due Process — Legal proceedings must follow established laws and principles.
- Probable Cause — Sufficient reason based on facts to believe a crime was committed.
- Warrantless Arrest — Arrest without a warrant in specific urgent situations.
- Citizen’s Arrest — Civilian apprehends someone committing a crime.
- Defamation — False statement harming someone's reputation (libel if written, slander if spoken).
- Habeas Corpus — Court order to determine if someone's detention is lawful.
- Ex Post Facto Law — Law penalizing actions that were legal when committed.
- Bill of Attainder — Legislative act punishing without trial.
- Miranda Rights — Rights read to detained individuals (silence, counsel, informed of rights).
- Double Jeopardy — Being tried twice for the same crime is prohibited.
Action Items / Next Steps
- Review Article III of the 1987 Philippine Constitution.
- Familiarize with key rights and their practical applications.
- Prepare examples of each right for exam revision.