[Music] the government is too powerful one way to limit their power is through the bill of rights sometimes called as a declaration of rights or the charter of rights it is the least of the most important rights to the citizens of the country here is a fanpack did you know that the bill of rights serves as our protection against the violations from the government and any individual that is why it's important for us to study the third article of the 1987 philippine constitution also known as the bill of rights in this video we will talk about all the rights stated in the bill of rights let's start with the right to due process article 3 section 1 states that no person shall be deprived of life liberty or property without due process of law nor shall any person be denied of the equal protection of the laws there are three rights mentioned under this section first the right to lie this means that nobody including the government can try to end your life this also talks about the quality of life second the right to liberty or your right to be free third the right to property this means that you have the right to own anything without any threat being faced these three rights cannot be taken away from you without due process so what is due process due process is the requirement that legal matters must be resolved according to established rules and principles for example other due process individuals cannot have their property seized or they cannot be put in jail without first going through the legal system to determine if they are guilty of the crime also included in this section is the equal protection of laws this means that the government must treat similarly situated individuals in the same manner this protection covers all citizens including the aliens of a country for example everyone earning an income is taxed the tax rates are based on the same standards for persons that are similarly situated let's move on to the second ride the ride against unreasonable searches and seizures first let's differentiate search from seizure search is a process conducted by authorized officers to look for specific items that are related to the crime stager on the other hand happens if officers take possessions of the items during the search take note of this a search and seizure is considered unreasonable if it is conducted by police officers without a valid search warrant and warrant of arrest let's define these two documents warrant of arrest is an official document signed by the judge which authorizes police officers to arrest a person or people named in the document search warrant refers to an official document signed by the judge which authorizes police officers to search a particular location and seize specific items a valid search warrant and warrant of arrest must contain the following first it must be issued upon probable cause or sufficient reason based upon known facts to believe a crime has been broken or that certain property is connected with a crime for example police officers cannot arrest someone who looks like a criminal just because someone wears a black shirt with a black mask doesn't mean that person is a criminal there is a high possibility that he's attending a cosplay or a party again probable cost is a must second probable cost must be determined personally by the judge third the josh magic summon the complainant and the witnesses he may produce under oath or affirmation last the warrant must particularly describe the place to be searched under persons or things to be seized another important term to remember is the one and less events there are times when a police officer doesn't need a warrant of arrest this is what we call warrantless arrest or an arrest without a warrant this is valid in the following cases first inflagrante de little the person to be arrested has committed is committing or is attempting to commit an offence second the hot pursuit arrest the policeman should have a personal knowledge that the suspect committed a crime last a prisoner who escaped from prison it is also important to take note that police officers are not the only ones who can arrest a person committing a crime normal people like you and me can also arrest someone this is what we call citizen's arrest a lawful warrantless arrest performed by a civilian however this is not recommended because it might be dangerous the best thing to do is report the crime to the police instead of acting on your own similar to warrantless arrest is a warrantless search or a search without a warrant police officers can only search without a warrant in the following situations first if there is a consent an individual must freely and voluntarily agrees to a search of his or her property for example police officers went to your house and asked permission to search your garage because your neighbors heard a gunshot and called the police if you say yes they can lawfully search in the garage but not in the other areas of your house second exigent circumstances if the police officers feel that the time that it would take to get a warrant would jeopardize public safety or lead to the loss of evidence they can perform a search without a warrant for example popoy is a suspected drug dealer in barangay manila one night police officers passed by his house and heard the suspects say the police are coming throw away all the evidences the police officers can search his house even without a warrant because they might destroy the evidence third search incident to an arrest a police officer doesn't need a warrant to perform a search in connection with an arrest for example if you are arrested for drug possession the police can search for additional drugs by searching you your home or your car and any evidence found can be used against you in a court of war last the plane view doctrine police officers the legal assertion area if the evidence is clearly visible for example if a police officer stops a driver for speeding and sees marijuana in the window a search can be conducted without a water now let's move on to the right to privacy this refers to the right of a person to be left alone their right to privacy is not violated when first there is a lawful order of the court for example there is a search warrant second when public safety or order requires it for example a policeman enters a house because someone is shouting for help this is not a violation of the right to privacy moving on to the next right the freedom of speech and of expression and of the press this is the right to express any opinions without censorship or restraint this includes the right to express your views aloud through the following publish articles of books television or radio broadcasting works of art the internet and the social media now there is a limitation to this ride it ends when you start to violate the rights of another person or the values of the society as a whole for example defamation defamation is saying or writing something about another person that hurts their reputation there are two kinds of defamation libel and slander if the statement is made in writing and published the defamation is called libel if the hurtful statement is spoken the defamation is london you can be sued if you commit any one of these let's move on to the freedom of assembly this refers to the right to hold a rally or to voice out grievances against the government there are some situations in which public authorities can restrict your rights to freedom of assembly in order to first protect national security or public safety second protect the rights and freedoms of other people and last to prevent disorder or crime another right is your freedom of religion it is a right of an individual to worship god without interference from any person or power there are two aspects of freedom of religion first the freedom to believe in any religion second the freedom to act in accordance with such belief this is not an absolute right this is subject to rules and laws of the same for example no one can appear nude in public in the name of religion the bill of rights also included the prohibition of religious deaths religious dance is one that is requiring someone to have a religious belief before the performance of the app this is considered as a violation of the freedom of religion for example candidates running for president should be roman catholic only now let's talk about the liberty of a boat and the right to travel liberty of abode is the right of a person to choose and change his residence without interference from the government the right to travel is the right to go to different places these rights may be denied or restricted by the state if first there is a local order of the court for example pedro is facing criminal charges and he wants to go abroad he may be restrained by the court from leaving the country or if he is already abroad he will be compelled to return second national security public safety or public health is in danger for example last march 2020 the philippine government banned all the travels from china south korea hong kong and other nearby countries to stop the spread of covet 19. moving on to the next right the right of the people to information in a democratic state the citizens have the right to access their records of their government this is to prevent public officials from engaging in corrupt practices the following documents can be disclosed to the public first official record second documents and papers pertaining to official apps transactions or decisions unless government research data uses a basis for policy development there are also some documents which should not be disclosed to the public these are the following first records involving the security of the state second accounts pertaining to military intelligence plans third trade secrets and banking transactions fourth identity of informants in criminal investigation and last confidential diplomatic matters next the right to form association this is the freedom to organize or to be a member of any group association union or society this right may be exercised by the employee both in the public and the private sectors and also the unemployed moving on to right to just compensation to understand this right let's talk about the inherent powers of the state these are the powers that the congress and the president need in order to get the job done by first the police power second the power of taxation and last the power of eminent domain first police power this is the power to enact regulations for the health safety and welfare of the public second power of taxation this is the power of the government to impose and collect taxes last the power of eminent domain this is the power of the government to take a private property eminent domain is valid in the following cases first it must be a private property second the land confiscated is for public keys third there must be a due process of law and expropriation and last there is a just compensation this means that owners will be paid accordingly when their property gets seized by the government for public now let's talk about the obligation of contracts obligation of contracts is the legal duty of the contractors to fulfill the promise stated in the contract for example in a contract of sale the obligation of the buyer is to pay the price agreed upon while the obligation of the seller is to deliver the things solved take note that the government cannot pass a law that would stop a contract from being enforced the purpose of non-impairment prohibition is to assure the fulfillment of promises between parties and to avoid problems next the rate of habeas corpus heavy's corpus is the latin phrase which means you may have the body this is because the person who's keeping you in jail literally has to bring your body to the courthouse heyra's corpus means that you have the right to make the government prove to a judge that your arrest and detainment are justified if you feel that you were wrongfully imprisoned you can file a written behaviour's corpus which is an official request to have your day in court the purpose of written behavior's corpus is to control the police and other governmental entities and make sure that they don't abuse their power however the following are some instances where the privilege of written behaviors corpus is suspended first in cases of invasion or rebellion second when public safety requires it moving on to death and politics article 3 section 20 states that no person will be sent to jail because of failure to pay a debt and pull that however there are limitations first creditors can still bring you to the court to demand an enforced payment of your debt second if the person is guilty of his staffa or the crime of obtaining money dishonestly or by trickery he will be sent to jail for example david paid his dad in a bank through a chat the bank found out that the check that he gave doesn't have enough money the check is called a balance sheet the bank can now sue him for estafa next expose factor law and bill of attention article 3 section 22 states that no exposed factor law or bill of attainer shall be enacted xbox factor law is a laws that applies to crimes that happened before the law was passed for example let's say that in december 2019 you accidentally smoke in a public area last month a law was signed prohibiting smoking in public areas today the cops are at your door to arrest you for the incident the new law would be an example of exposed baffle law as it wasn't illegal to smoke when you did when does x-vos facto law apply first if it makes the person a criminal because of an act that was not a crime when committed second it aggravates a crime or makes it greater when it was committed third it changes the punishment of a crime and inflicts greater punishment fourth it decreases the amount of evidence required for a conviction it is also important to remember that exposed factor law is applicable only in criminal cases moving on to the bill of a danger the bill levitator is a legislative act that imposes punishment without a trial now let's talk about the rights of an accused under custodial investigation custodial investigation is any questioning and is shaded by law enforcement officers after a person has been taken into custody first the miranda rights you probably heard the police and tv say something like you have the right to remain silent anything you say can and will be used against you in a court of law this statement is called miranda warning it is a constitutional requirement that once an individual is detained by the police there are certain warnings a police officer is required to give to a detainee the miranda warning gives you the following rights first right to remain silent a person under custodial investigation has the right to refuse answering any questions those who give up the right to remain silent face their prospect that their statements will be used against them in the court however keeping your mouth shut the whole time is not enough for them to realize that you wish to remain silent you must expressly invoke them by saying something second the right to competent and independent counsel preferably of his own choice if the person cannot afford services of a council he must be provided one without charges third the right to be informed of such rights the officer is judy bond to explain the effects of these rights and ensure the person's understanding in a language understood by him next weaving miranda rights these happen when a person refrains from using his miranda rights for example a person decided to talk to the police officers even after he has been informed of his right or he will say yes i understand my rights but i am willing to talk to you here are the requirements in waving miranda rights first it must be in writing second it must be in the presence of a council however this is not advisable it is better to talk to a lawyer for a full explanation of the law to avoid further damages next the right to presumption of innocent this means the accused will be innocent until proven guilty third the right to a speedy impartial public trial speeding means that as much as possible the court shouldn't delay the trial because it would prolong the agony of the accused impartial means that whether the accused is the pope or a homeless person the judicial system must be fair last is a public trial or a trial open to the public the accused friends relatives and others who are interested to observe their proceedings may attend the trial fourth write against the use of torture force violence threat and intimidation police officers cannot swap beat threaten or intimidate an accused in custody it is against the constitution to use any method that would hurt the accused if they violate this right they will be punished by the law number five right against being held in secret detention incommunicado or similar forms of solitary detention secret detentions occur when detainees are held in communicado or when they are not permitted to contact the outside world including their families and lawyers and when detaining authorities refuse to acknowledge either the fact of the detention or the fate and whereabouts of the detainee the new constitution included this right to avoid what happened during the time of president marco it is also important to learn the doctrine of poisonous field any evident that is illegally acquired could not be used in court against the defendant for example lorena was arrested for murder and she was sent to a secret detention where she was forced to admit the charges against her her confession for the crime cannot be used in court even if she's guilty of the crime because the evidence was illegally acquired and it violated the rights of lorena as an accused number six the right to be informed of the charges and costs of accusation the accused person will be informed of the charges that he is charged with after a defendant is arrested booked and a bail appearance is completed the defendant will then be arraigned the arraignment is a hearing in which the defendant is formally charged their rights are read the court will appoint an attorney if the defendant doesn't have one also during the arraignment the defendant can plead either guilty or not guilty of the crime that he is charged with next the right to compulsory production of witnesses and evidence the accused has the right to demand other people who have evidence that would be helpful to him to appear in court the judge may issue the following first subpoena a rift ordering a person to attend the court second subpoena deuces tackle a writ ordering a person to attend the court and bring relevant documents number eight write against self-incrimination you've probably heard john the polis on national tv said i invoke my right against self-incrimination every celebrated witness in the senate or house of representatives investigative hearing when faced with a difficult question to answer we just respond i invoke my right to self-incrimination so what is self-incrimination self-incrimination and law is the giving of evidence that might tend to expose the witness to a punishment for the crime therefore their right against self-incrimination forbids a government from compelling any person to give testimonial evidence that would likely incriminate him during a criminal case it covers testimonial compulsion and compulsion to produce real or physical evidence using the body of the accused number nine the right not to be detained by reasons of political beliefs and aspirations this right guarantees the people to freely express their political beliefs and aspirations without fear of arrest or prosecution which was denied during the time of president marcus thousands of people who criticized the government particularly the political opponents were arrested they were known as political prisoners the new constitution made sure not to repeat the history so this right was included number 10 the right against involuntary servitude involuntary services refers to compulsory service or simply the modern day slavery the new constitution prohibits involuntary services however there are exceptions to the prohibition first as a punishment of the crime second in the case of personal military or civil service in the defense of the state third in compliance to return to work order issued by the department of labor and employment court army or naval enlistment last if it is exercised by parents on children number 11 the ride against excessive fire a fine is the money imposed by the court as a punishment for the crime a fine is excessive when it is unreasonable and beyond the limits prescribed by the law for example a fine of ten thousand pages for theft of 50 pesos is clearly excessive this is against the new constitution number 12 right against cruel degrading and inhumane punishment cruel punishment is prohibited like cutting of fingers or cutting the penis of a rapist number 13 the right to bail bail is a cash bond or property that unarrested person gives to a court to ensure that he or she will appear in court when ordered to do so if the defendant doesn't show up the court may keep the bail and issue a warrant for the defendants or that any person accused or detained has the right to invoke bail except when the crime committed is punishable by reclusion perpetua or the imprisonment of at least 20 years and one day to a maximum of 40 years and the evidence of guilt is strong next the right against the inflection of death penalty the 1987 philippine constitution abolished death penalty it was reduced to revolution perpetual but with our reservation the congress can still pass a law imposing death penalties for heinous crimes or crimes that are evil and weakened like murder and rape last the right against double jeopardy double jeopardy means that the person is twice good at the risk of conviction for the same act or offense the right against total jeopardy therefore means that a person can only be charged once by the court for example when a person has been charged a murder and the court found them not guilty of the crime he can no longer be prosecuted for the same act or offend he can now invoke his right against double jeopardy however there are limitations first double jeopardy applies to criminal cases only second it does not protect the defendant from multiple prosecution for multiple offenses for example a person acquitted of mortar could be tried again for different offenses that's all for this video don't forget to like and subscribe to our channel if you have friends who are interested in this topic please click the share button thank you for watching see you in the next video