Philippine Constitution †Article Iii Essay

word IIIBill of remunerates declaration and enumeration of a individual(a)s objurgate and privileges which the Constitution is designed to protect against violations nates social vastness accorded to the single in a democratic or republi undersurface recountClasses of skilfuls1) Natural effectives reclaim possessed by every citizen without being aband one(a)d(p) by the evidence for they are given to man by beau ideal Ex. indicantful to invigoration, good to liability, the right way to rightty, right to love 2) Constitutional right rights which are conferred and protected by the Constitution cannot be compressn by 3) Statutory rights rights which are provided by rightfulnesss promulgated by the rightfulness-making torso and whitethorn be abolished by the same body Ex. estimable to receive a minimum wage, right to adopt a childClassification of perfect rights1) Political rights rights of the citizens which give them the someonenel to participate 2) Ci vil rights rights which the jurisprudence pass on enforce at the instance of insular privates for the purpose of their happiness 3) cordial and economic rights rights which are intended to insure the well-being and economic protective c all over of the idiosyncratic 4) Rights of the incriminate civil right intended for the tax shelter of a person acc habituated of any crime show role and individual exemption1) State, an instrument to levy both individual and social eudaemonia promote the happiness and well-being of both the individual and the concourse exemption blessing without which life is a miseryDoctrine of laissez faire let commonwealth do as they choose 2) Conflict surrounded by individual rights and congregation welfare State as an instrument to enable both the individual and society together to attain their greater happiness 3) Balancing of individual and root rights and interests there can be no absolute federal agency and absolute liberty 4) Rol e of the Judiciary balancing the interests of the individual and group welfare inthe adjudication of disputes that is fair and just Supreme Court arbiters of the limits of political powers minutetion 1. No person shall be deprived of life liberty, or proportion without imputable dish up of integrity, nor shall any person be denied the be security measures of the lawsDue routine of law a person whitethorn be deprived by the State of his life, liberty, or billet provided stipendable process of law is observed a fundamental principle of blondness in all legal matters, both civil and criminal, especially in the moves. Aspects of collectible process of law (has two-fold process)1) Procedural due process regularity or manner by which the law is enforced 2) Substantive due process law should be fair, reasonable, and justProcedural due process1) In judicial proceedingsIt requiresa) Impartial courtb) Jurisdiction licitly acquired over the person of the defendant c) Opportu nity to be heard given the defendantd) Judgement to be rendered after lawful hearing2) In administrative proceedings an offender may be marked pending the register of dilutes or an officer/employee may be suspended pending an investigation for violationSubstantive due process1) Tax which is imposed for a private purpose constitutes a pickings 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 semi earth purpose. Ability to pay principle2) Taking of property for private use offends substantive due process.Persons protected all persons within the territorial jurisdiction of thePhilippines Life something to a greater extent than mere animalLiberty 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 other(a)sProperty the right over a thingWhat constitutes deprivation1) Deprivation of life extinction of hum an race existence and various physical and mental attributes2) Deprivation of liberty nonsensical restriction on the liberty of others 3) Deprivation of property propertys value is destroyed or impairedMeaning of equal protection of the laws* all persons subject to legislation should be treated alike * prohibits frame legislation (discriminates against some and favors others) Reasonable classification permitted* Persons/properties may be classify into classesNo denial of the protection where under the law-a) Foreign corporations are make to pay higher amount of taxes b) Certain professions are limited to persons of the young-begetting(prenominal) sex c) Certain privileges for leaves to women are not extended to men d) orientation course is given to Filipino citizens in the lease of public market horse barn e) Different professions are taxed at different amountsf) Employment of children is interdictSec 2. Right of the pack to be secure shall be inviolable no imprimatur shal l issue except determined personally by the resolveSearch Warrant order in writing, signed by a judge search for certain personal PropertyWarrant of defy a person is taken into custodyScope of protection1) Persons protection applies to everybody2) Houses the protection is not limited to houses but extends to a garage, warehouse, shop 3) text file and effect sealed letters andpackagesWhen search and seizure unreasonable strictly judicial questionRequisites for valid search confirm or authority of arrest1) Issued upon probable cause2) Probable cause essentialiness(prenominal) be determined personally by the judge 3) Probable cause must be do after exami country4) Warrant must particularly spot the belongings to be searched or persons/things to be usurpdProbable cause there is a good reason for believing that the law has been lost or a crime has been committedSufficiency of affidavit upon which warrant is based1) Test of sufficiency affidavit perjury could be charge for damages caused in case his declaration are found to be false 2) Basis of affidavit must be based on personal knowledge or informationSufficiency of description1) ordinate2) Person John Doe or Jane Doe (person is unknown) 3) Property must be specificGeneral warrant not particularly describe the things to be seizedRights against unreasonable search and seizure, personal1) Proper party to trounce right the seizure can be contested only by the party whose personal rights were involved2) Right subject to waiver without proper search warrant, no public official has the right to enter the set forth of anotherWhen search and seizure may be do without warrant1) Where there is waiver2) Search is incident to a lawful arrest3) Forfeited goods are being transported to a verhicle4) Articles prohibited by law is open to eye and handWhen arrest may be made without warrant1) Had committed2) Is committing3) Will be committingSec 3. Privacy of conference shall be inviolable evide nce in violation shall be interdict Right of privacy right to be left aloneBasis and purpose of the right1) Right existing in the state of nature persons inherent right to enjoy his private life 2) Right designed to secure enjoyment of ones private life accorded protection to secure the enjoyment by a person of his private lifeRelationship with right against unreasonable searches and seizures 1) Aspect of right to be secure in ones person thoroughgoing provision on the right of privacy implements the security of the citizen 2) Privacy of communion and correspondenceLimitations on the right of privacy of communictions1) Permissible interference allowed busy on privacy Conditionsa) Upon lawful order of the courtb) Public guard or order requires otherwise as prescribed by law 2) Intervention of the courtFirst limitation issued search warrant back up limitation right is subject to the police power of the State license illegally obtained1) Inadmissible in any proceeding, judi cial or administrative 2) Reason exclusion is the only pr doical way of enforcing the constitutional guarantees 3) Right of owner owner of evidence obtained illegally has a right to seize the articlesWrit of habeas corpus the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment plan of the writ completes the legal armory and remedy of a citizen against violations * Secures the privacy of an individualHow writ operates served upon the respondent who shall file an answer under oath with encouraging affidavit(affidavit a sworn statement in writing made especially under oath or on affirmation in advance an authorized magistrate or officer)Sec 4. No law shall be passed depriving freedom of lyric emancipation of speech, of expression, and of the press right to freely utter and stretch out whatever one pleases without previous restraint Scope of terms speech, expression and press 1) Speech and expression oral utterances much(prenom inal)(prenominal) as protests as expression of opinion about subjects of public dread 2) muddle every sort of publicationsImportance of the guarantee1) Promotes growth of the individual and the nation freedom of speech should be protected by the State 2) Makes possible, examen of acts and conduct of public officials public opinion must be tyro 3) Insures a responsive and popular government activity people must be able to voice their sentiments and aspirations so that they may become active participantsFreedom of expression not absolute1) Subject 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 penalizedJustification for abridgement of freedom of speech and of the press 1) Clear and ease up risk rule a speech will likely soupcon to an evil scheme 2) screening of ruleRight of assembly right on the part of the citizens to meet peaceably for consultation in esteem to public affair sRight of petition right of any person to apply to the appropriate branch of the government for redress of grievancesRelationship with freedom of speech and of the press1) Complement of right of free speech2) Application of clear and present danger ruleSec 5. No law shall be made respecting an establishment of religion Religious freedom right of man to faith GodReligion all forms of belief in the existence of superior beings exercising power over human beingsAspects of ghostlike freedom1) Separation of church and state2) Freedom of spiritual prefession and worshipFreedom of religious profession and worship1) Freedom to gestate in a religion2) Freedom to act in accordance with much(prenominal) beliefRight to disseminate religious beliefs1) Relationship with right to believe right to disseminate religious beliefs and information 2) Justification for restraint of rightLicense fee or tax on sale of religious articles1) Permission or condition for exercise of right2) Imposition of financial burden after exercise of right Religious test prohibited1) Meaning of termsa) Religious test one demanding the affirmation or contradiction of certain religious beliefs before the fulfilance of any act b) civil or political rights including the individual rights 2) Reason for provision without bar, religious freedom becomes meaninglessSec 6. Liberty of abode and travel* Right of a person to have his home in whatever place chosen by him Limitations on the right1) Permissible interference legislating body may provide observance of curfew ours, commitment of mentally crazed 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 infallible Sec 7. Right of the people to information on matters of public concern shall be recognized 1) Access to official records for exercise of right2) Arguments in support of righta) The sovereign people have the right of approach shot to recor ds of their government b) Enable the people to participate more than effectively in governmental affairs c) It will make denunciation of government more factual, responsible, effective d) Provide a deterrent to the commission of venalitiese) Reduce public suspicion of officials3) Constitutionality or validity of implementing lawScope of the right1) The right embraces all public records2) It is limited to citizens only3) Its exercise is subject to such limitations as may be provided by lawLimitations on the right1) Public records excepted public records are declared confidential 2) Burden on government to justify withholding of information healthy balance between the need to afford protection to vital secrets and safeguarding the basic right of the peopleSec 8. Right to form associations freedom to organize any group Purposes of the guarantee1) Encourage the formation of voluntary associations2) The needs of the social body seek satisfaction in one form or the other Limitation on the right depriving of forming a group when it shows imminent dangerSec 9. Private property shall not be taken for public use without just compensation Essential or inherent powers of government1) Totality of government power contained in 3 great powers (power of rarified ambit, police power, and power of gross)2) Similarities gamey domain right of the State to take private property for public use upon paying to the owner a just compensationConditions for or limitations upon its exercise1) Existence of public use beneficially employed for the association 2) Payment of just compensation3) placard of due process of law in the takingMeaning of taking1) Actual physical seizure not essential physical seizure or appropriation of the property, and destruction or impairment2) The taking must be direct practice of law power power of the State to consecrate such laws in relation to persons and property as may promote public healthand convenience of the people Basis of police powe r the welfare of the people is the supreme law, so use your own as not to injure anothers propertyIllustrations of police power laws1) Public health medical profession2) Public morals penalize vagrancy and prostitution3) Public safety requiring a license for the right to fag motor vehicles 4) General welfare and convenience requiring compulsory registration of landstax income power of the State to impose charge or burden upon persons and property for the use and support of the governmentTheory and basis of taxation1) king Government cannot continue without means to pay its existence, it has right to compel citizens and property within its limits to contribute2) 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 governmentDistinction among the three powers1) As to authority which exercises the power taxation and police power government Eminent dom ain public operate companies2) As to purpose taxation support for governmentEminent domain for public usePolice power purpose of promoting the general welfare3) As to effect taxation money - public fundsEminent domain right - propertyPolice power no such transfer4) As to persons affected taxation and police power community Eminent domain individual 5) As to benefits received taxation receives analogous tax in the form of benefits Eminent domain compensationPolice power compensation is not immediateSec 10. No law impairing the obligation of contracts shall be passed Obligation of a contract law which binds the parties to perform their agreement according to its termsLaw includes executive and administrative orders of the chairman Contract obligation of which is secured against impairment under the Constitution Purpose of non-impairment prohibition1) Protect creditors, to assure the fulfilment of lawful promises, and to guard the integrity of contractual obligationsSec15. Wr it of habeas corpus shall not be suspended except in cases of invasionHow writ operatesPrivilege of the writ further order from the court to release an individual if it finds his detention without legal cause or authority