Memorize the Preamble
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
BILL RIGHTS
Classification of Rights:
1. Political rights — granted by law to members of community in relation to their direct or indirect participation in the establishment or administration of government;
2. Civil rights — rights which municipal law will enforce at the instance of private individuals, for the purpose of securing them the enjoyment of their means of happiness;
3. Social and economic rights; and
4 Human rights.
Sec. 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.
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Life — includes right of individual to his body in its completeness, free from dismemberment and extends to the use of God-given faculties which make life enjoyable (Justice Malcolm, Philippine Constitutional Law, pp. 320-321).
Liberty — includes right to exist; right to be free from arbitrary personal restraint and servitude; and right to use faculties in all lawful ways (Rubi v. Provincial Board of Mindoro, 39 Phil. 660).
Property — anything that can come under the rights of ownership and be the subject of contract (Torraco v. Thompson, 263 U.S. 197).
Requisites for a valid warrant:
a. It must be issued upon PROBABLE CAUSE.
b. The existence of probable cause is determined personally by the JUDGE
c. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.
d. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized.
e. It must be in connection with One specific offense.
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a description personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described.
Privacy of Communications and Correspondence (Sec. 3, Art. Ill)
• Inviolable, except when:
1. by lawful order of the court;
2. public safety/order requires otherwise, as may be provided by law;
Exclusionary Rule — Evidence obtained in violation of Sec. 2, Art III, shall be inadmissible for any purpose in any proceedings. Apply Fruit of the Poisonous Tree doctrine (Sec. 3 [2] Art. III).
Constitutional Right to Privacy
The right to privacy, the right to be left alone, is protected by the guarantee of due process over liberty, the right against unreasonable searches and seizures, the right to privacy of communications, liberty of abode, the right to form associations, and the right against self incrimination. (Ople v. Torres, 293 SCRA 141)
Test for obscenity
Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest.
Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by law.
Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Clauses under Section 5, Art. III
1. Non-establishment clause
2. Free exercise of Religion
Dual aspect of freedom of religious belief and worship:
a. Freedom to believe — absolute; and
b. Freedom to act on one's belief— subject to regulation.
Recognized restrictions on the right of the people to information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
Sec. 10. No law impairing the obligation of contracts shall be passed.
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impairment - anything that diminishes the efficacy of a contract.
Rights of person under investigation for the commission of an offense (Miranda Rights)
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to be provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.
5) no force, etc., which vitiates free will shall be used;
6) secret detention places, etc., are prohibited; and
7) confession/admission obtained in violation of rights are inadmissible in evidence.
Bail— security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required (Sec. 1, Rule 114, Rules of Court).
When right may be invoked — once detention commences even if no formal charges have yet to be filed (see Teehankee v. Rovira, 75 Phil. 634).
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