Documents

52422460 Bill of Rights Reviewer Full

Categories
Published
of 31
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Description
consti
Transcript
  Roan Salanga I-A Consti II Page 1 of 31 BILL OF RIGHTS 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. Significance The Bill of Rights is a guarantee that there are certain areas of a person’s life, liberty and property which governmental powers may not touch. Guarantees of the Bill of Rights The Bill of Rights focuses on civil and political rights and the guarantees in the Bill of Rights are generally self-implementing, they can be appealed to even in the absence of implementing legislation Powers of the government limited by the Bill of Rights A.   Police Power “The most essential, insistent and the least limitable of powers, extending as it does to all the great public needs”   “The inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society”  Scope Police power rests upon public necessity and upon the right of the State and of the public to self-protection. For this reason, its scope expands and contracts with changing needs. Who exercises police power? The national government, through the legislative department, exercises police power. But police power is also delegated, within limits, to local governments. Doctrines Local governments may regulate business but may not engage in the licensing or regulation of professions. Professional regulation is given to various professional boards.  Acebedo Optical Co. v. CA  Not being a political subdivision but merely an executive authority, MMDA does not possess police power. MMDA v. Bel-Air Village Assoc.  B.   Power of Eminent Domain Government’s coercive authority, upon just compensation, to forcibly acquire a property to devot e it to public use C.   Power of Taxation Power to raise revenues Rights protected by the Bill of Rights A.   Right to Life Right to Life is not just a protection of the right to be alive or to the security of one’s limb against physical harm but is the right to a good life. B.   Right to Property Protected property includes all kinds of property found in the Civil Code. It also includes the right to work and the right to earn a living. A mere privilege, however, may evolve into some form of property right protected by due process. Doctrines No right is absolute, and the proper regulation of a profession, calling, business or trade has always been upheld as a legitimate subject of a valid exercise of the police power by the state particularly when their conduct affects either the execution of legitimate governmental functions, the preservation of the State, the public health and welfare and public morals. Exec. Sec. v. CA  When property is classified into historical treasures or landmarks, such classification should be done with both procedural and substantive due process especially when it “will involve imposition of limits on ownership.”  Army and Navy Club of Manila v. CA  The right to protected property is not absolute, and can be overturned upon a showing of reasonable fair, and just management practices by the employer. In this case, the protection of trade and manufacturing secrets is a reasonable management practice to justify the prohibition. Duncan Assoc. v. Glaxo Wellcom Phils.  Roan Salanga I-A Consti II Page 2 of 31 Regulation against private property which constitutes a permanent deprivation of property without just compensation is “unlawful taking” and is no longer a valid exercise of police power. People v. Fajardo C.   Right to Liberty Only those authorized by law may bear arms. US v. Villareal   Hierarchy of Rights The primacy of human rights over property rights is recognized. Doctrines “A mere reasonable or rational relation between the means employed by the law and its object or purpose— that the law is neither arbitrary nor discriminatory — would suffice to validate a law which restricts or impairs property rights. On the other hand, a constitutional or valid infringement of human rights requires more stringent criterion, namely existence of a grave and immediate danger of a substantive evil which the State has the right to prevent.” Phil. Blooming Mills Employees Org. v. Phil. Blooming Mills Co.  In a pension plan where employee participation is mandatory, the prevailing niew is that employees have contractual or vested rights in the pension where the pension is part of the terms of employment. Thus, where the employee retires and meets the eligibility requirements, he acquires a vested property right to benefits that is protected by the due process clause. GSIS v. Montesclaros  In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are essential to the preservation and vitality of our civil and political institutions. Kinds of Due Process A.   Procedural Due Process This relates chiefly to the mode of procedure which government agencies must follow in the enforcement and application of laws. It is a guarantee of procedural fairness. Requirements (non-criminal cases) 1.   There must be a court or tribunal clothed with judicial power to hear and determine the matter before it 2.   Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings 3.   The defendant must be given an opportunity to be heard 4.   Judgment must be rendered upon lawful hearing Doctrines During the executive phase of an extradition proceeding, an extraditee does not have the right of access to evidence in the hands of government. But during the judicial phase, he has. Secretary v. Judge Lantion  Invalidating an ordinance requires evidence, which the one assailing unconstitutionality is burdened to present and prove. The general presumption when the State interferes with life, liberty, and property is that the action is valid. Ermita-Malate Hotel and Motel Operators v. City of Manila   The applicable doctrine for criminal cases, in determining whether they comply with due process, is the “sufficient warning” test, or whether or not a statutes language convey a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. Estrada v. Sandiganbayan Vagueness of the Law A law is “vague” when it lacks comprehensible standards that men “of common intelligence must necessarily guess as to its meaning and differ as to its application. It is repugnant to the Constitution in 2 respects: 1.   It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid 2.   It leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscles Requirements (student’s disciplinary proceedings)  1.   The right to be informed in writing of the nature of the accusation 2.   The right to answer the charge with the assistance of counsel 3.   The right to be informed of the evidence against them  Roan Salanga I-A Consti II Page 3 of 31 4.   The right to adduce evidence in their own behalf 5.   The right for the evidence to be duly considered by the investigating committee 6.   Proportionality of the penalty to the offense Requirements (administrative cases) 1.   The right to actu al or constructive notive of the institution of proceedings which may affect a respondent’s legal rights 2.   A real opportunity to be heard personally or with the assistance of counsel, to present witnesses and evidence in one’s favor, and to defend one’s righ ts 3.   A tribunal vested with competent jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee of honesty as well as impartiality 4.   A finding by said tribunal which is supported by substantial evidence submitted for consideration during the hearing or contained the records or mad known to the parties affected Doctrines (administrative case) A respondent in an administrative case is not entitled to be informed of the findings and recommendations of an investigating committee created to inquire into charges filed against him but is only entitled to the administrative decision based on substantial evidence made of record, and a reasonable opportunity to meet the charges and the evidence presented against him during the hearing of the investigation committee. Pefianco v. Moral   Although deportation proceedings are not criminal in nature, the consequences can be as serious as those of a criminal prosecution. The provisions in the Rules of Court for criminal cases are applicable. Lao Gi alias Chia Jr. v. CA  Quantum of proof Administrative proceedings = substantial evidence; such relevant evidence as a reasonable mind might accept as adequate to support a conclusion Notice and Hearing In quasi-judicial proceedings, notice and hearing is always required; but in the performance of executive or legislative functions, such as issuing rules and regulations, an administrative body need not comply with the requirement. B.   Substantive Due Process This is a prohibition of arbitrary laws. The legislature may not, under the guise of protecting the public interest, arbitrarily interfere with private business or impose unusual and unnecessary restrictions upon lawful occupations. The heart of substantive due process is the requirement of “reasonableness” or absence of exercise of arbitrary power. These are necessarily relative concepts which depend on the circumstances of every case. Requirements (it must appear that) 1.   The interests of the public generally, as distinguished from those of a particular class, require such interference 2.   That the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. Requirements (for an ordinance to be valid) 1.   It must not contravene the Constitution or any law 2.   It must not be partial and discriminatory 3.   It must not be unfair or oppressive 4.   It must be consistent with public policy 5.   It must merely regulate, and not prohibit trade 6.   It must not be unreasonable Equal Protection The Equal Protection Clause is a specific constitutional guarantee of the Equality of the Person. The equality it guarantees is “legal quality or the equality of all persons before the law.” This clause does not only prohibit the State from passing discriminatory laws but it also commands the State to pass laws which positively promote equality or reduce existing inequalities.  Roan Salanga I-A Consti II Page 4 of 31 Doctrine The law does not require absolute equality when it comes to taxation, but rather it requires a “uniform and equitable” system of taxation. Equality and uniformity in taxation means that all taxable articles or all kinds of property of the same class shall be taxed at the same rate. Sison v. Ancheta  Relative Constitutionality A statute which may have been constitutional at one time may be rendered invalid at another time because of altered circumstances. Central Bank Employees v. Bangko Central   Three Levels of Scrutiny 1.   Deferential or rational basis scrutiny — where the classification needs only to be related to a legitimate state interest 2.   Middle-tier or immediate scrutiny — where the government must show that the challenged classification serves an important State interest and that the classification is substantially related to that interest 3.   Strict judicial scrutiny — in which a legislative classification which impermissibly interferes with the exercise of a fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional, and that the burden is upon the government to prove that the classification is necessary to achieve a compelling State interest and that it is the less restrictive means to protect such interest Classification The equal protection does not prohibit classification but it must be reasonable. To be reasonable, it 1.   Must rest on substantial distinctions 2.   Must be germane to the purpose of the law 3.   Must not be limited to existing conditions only 4.   Must apply equally to all members of the same class Section 2: The right of the people to be secured in their persons, houses,  papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the  witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Purpose This is to protect the privacy and sanctity of the person and of his house and other possessions against arbitrary intrusions by State officers. It prohibits unreasonable searches and seizures. Unreasonable search and seizure Searches and seizures are normally unreasonable unless authorized by a validly issued search warrant or warrant of arrest. Search Warrant A fundamental protection such that between the person and the police must stand the protective authority of a magistrate clothed with the power to issue or refuse to issue search warrants or warrants of arrest Doctrines The constitutional proscription against unlawful searches and seizures applies as a restraint directed only against the government and its agencies tasked with enforcement of the law and not against private individuals. People v. Marti   That there is a specific victim of a particular offense is not a requisite for a warrant to issue. Central Bank v. Morfe Since the Commissioner on Immigration is not a judge, he may not issue warrants of arrest in aid merely of his investigatory power. However, he may order the arrest of an alien for the purpose of carrying out a deportation order that has already become final. The American Court has held that a warrant and finding of probable cause are unnecessary in the public school context because such requirements would unduly interfere with the maintenance of the swift and informal disciplinary procedures that are needed. Vernonia Sch. District   
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks