Bill of rights
-declaration and enumeration of a person's rights and privileges which the Constitution is designed to protect against violation by the government and otherindividuals.
Classes of Rights
1.Natural rights –right possessed by any person even without being granted by the state
2. Constitutional rights – right granted and protected by the constitution
3. Statutory rights –rights granted by the laws promulgated by the law-enacting bodies
Section 1. Right to due process of law and equal protection
"
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 – process that hears before it condemns and proceeds upon inquiry and renders judgment only after trial.
***law/ right apply to every person within the territorial jurisdiction of the Philippines, including foreigners.
Equal protection of the laws –all persons subject to legislation should be treated alike.
Limitations:
1. For the welfare of the public
2. Limited by the inherent powers of the state
Section 2. Right against illegal search and illegal arrest
"The right of the people to be secure 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 she may produce, and particularly describing the place to be searched and the persons or things to be seized"
General rule:
Search = Valid Search Warrant
Arrest = Valid Warrant of Arrest
Exemptions:
Warrantless Search/ Search without a valid search warrant
1. Consented search
2. Search incidental to a lawful arrest
3. Search on ports of entry
4. Search on moving vehicles
5. Plain view doctrine
Citizen's arrest/ Warrantless arrest
1.In flagrante delicto –caught in the act
2. Personal knowledge of the arresting officer
3. Escaped Prisoner
Section 3. Right to Privacy of Communication
"The privacy of communication and correspondence
shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise, as prescribed by law"
Right to privacy –right to be left alone; free from undesired publicity and disclosure.
