Philippine Constitution - Article Iii

Topics: Law, United States Constitution, Rights Pages: 10 (2562 words) Published: September 16, 2013
Article III
Bill of rights - declaration and enumeration of a person’s right and privileges which the Constitution is designed to protect against violations
Basis: social importance accorded to the individual in a democratic or republican state

Classes of rights
1) Natural rights – right possessed by every citizen without being granted by the State for they are given to man by God Ex. Right to life, right to liability, right to property, right to love 2) Constitutional right – rights which are conferred and protected by the Constitution; cannot be taken away 3) Statutory rights – rights which are provided by laws promulgated by the law-making body and may be abolished by the same body Ex. Right to receive a minimum wage, right to adopt a child

Classification of constitutional rights
1) Political rights – rights of the citizens which give them the power to participate 2) Civil rights – rights which the law will enforce at the instance of private individuals for the purpose of their happiness 3) Social and economic rights – rights which are intended to insure the well-being and economic security of the individual 4) Rights of the accused – civil right intended for the protection of a person accused of any crime

State authority and individual freedom
1) State, an instrument to promote both individual and social welfare – promote the happiness and welfare of both the individual and the group Liberty – blessing without which life is a misery
Doctrine of laissez faire – “let people do as they choose” 2) Conflict between individual rights and group welfare – State as an instrument to enable both the individual and society together to attain their greater happiness 3) Balancing of individual and group rights and interests – there can be no absolute power and absolute liberty 4) Role of the Judiciary – balancing the interests of the individual and group welfare in the adjudication of disputes that is fair and just Supreme Court – arbiters of the limits of governmental powers

Section 1. No person shall be deprived of life liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws
Due process of law – a person may be deprived by the State of his life, liberty, or property provided due process of law is observed; a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. Aspects of due process of law (has two-fold process)

1) Procedural due process – method or manner by which the law is enforced 2) Substantive due process – law should be “fair, reasonable, and just”

Procedural due process
1) In judicial proceedings
It requires:
a) Impartial court
b) Jurisdiction lawfully acquired over the person of the defendant c) Opportunity to be heard given the defendant
d) Judgement to be rendered after lawful hearing
2) In administrative proceedings – an offender may be arrested pending the filing of charges or an officer/employee may be suspended pending an investigation for violation

Substantive due process
1) Tax which is imposed for a private purpose constitutes a taking 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 public purpose. “Ability to pay principle”

2) Taking of property for private use offends substantive due process.

Persons protected – all persons within the territorial jurisdiction of the Philippines Life - something more than mere animal
Liberty – right of man to use his faculties with which he has been endowed by his Creator as long as he does not violate the law or the rights of others
Property – the right over a thing

What constitutes deprivation
1) Deprivation of life – extinction of human existence and various physical and mental attributes
2) Deprivation of liberty – unreasonable restriction on the liberty of...
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