Scribd Logo
Upload

Welcome to Scribd!

  • 28 views

    MMMM MMMM MMMMM M M MMMMM M M

    Uploaded by

    Nicole Cabreros
    This document outlines various individual rights protected under the Philippine constitution. It discusses the bill of rights, natural rights, constitutional rights, statutory rights, civil rights, economic rights, political rights, due process, equal protection under the law, freedom of speech, freedom of religion, liberty of abode and travel, right to information, right to association, right to just compensation, non-impairment of contracts, free access to courts, rights of those under custodial investigation, and rights of the accused in criminal cases.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd

    MMMM MMMM MMMMM M M MMMMM M M

    Uploaded by

    Nicole Cabreros
    28 views34 pages
    This document outlines various individual rights protected under the Philippine constitution. It discusses the bill of rights, natural rights, constitutional rights, statutory rights, civil rights, economic rights, political rights, due process, equal protection under the law, freedom of speech, freedom of religion, liberty of abode and travel, right to information, right to association, right to just compensation, non-impairment of contracts, free access to courts, rights of those under custodial investigation, and rights of the accused in criminal cases.

    Original Title

    Charm

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines various individual rights protected under the Philippine constitution. It discusses the bill of rights, natural rights, constitutional rights, statutory rights, civil rights, economic rights, political rights, due process, equal protection under the law, freedom of speech, freedom of religion, liberty of abode and travel, right to information, right to association, right to just compensation, non-impairment of contracts, free access to courts, rights of those under custodial investigation, and rights of the accused in criminal cases.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    28 views34 pages

    MMMM MMMM MMMMM M M MMMMM M M

    Uploaded by

    Nicole Cabreros
    This document outlines various individual rights protected under the Philippine constitution. It discusses the bill of rights, natural rights, constitutional rights, statutory rights, civil rights, economic rights, political rights, due process, equal protection under the law, freedom of speech, freedom of religion, liberty of abode and travel, right to information, right to association, right to just compensation, non-impairment of contracts, free access to courts, rights of those under custodial investigation, and rights of the accused in criminal cases.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 34

    CHAPTER 19

    AMBATA, BERDEN, CABREROS, CADAOAS, CALANSINGIN, CAMINAR

    Bill of Rights
    A statement and listing of an individuals rights and privileges To safeguard against violation Charter embodying the liberties of a person and the limitations upon the power of the state

    Aquino (2006)
    Bill of rights- a roster of constitutional provisions that are primarily limitations on the government These are rights exist without any government grant that may not be taken away by the government and that the government has the duty to protect.

    Every person has an inherent dignity and worth which must be PROTECTED and RESPECTED!

    Natural Rights
    Inherent to man and given to him by God.

    Constitutional Rights
    Guaranteed under the fundamental charter of the country.

    Statutory Rights
    Provided by the law-making body of a country or by law

    Civil Rights
    These are rights specified under the Bill of Rights These are rights enjoyed by an individual by virtue of his citizenship in a state or community.

    Economic Rights
    Rights to property, whether personal, real or intellectual.

    Political Rights
    Rights an individual enjoys as a consequence of a body politic.

    Due Process
    Hears before it condemns No person shall be deprived of his life, liberty or property A Filipino Citizens can be deprived of his life, liberty or property provided he is given the chance to defend himself He can be deprived if it is a punishment of a crime

    Equal Protection of the Law


    Equality in the enjoyment of similar rights and privileges granted by law. No person shall be deprived of the same protection of laws enjoyed by other persons in the same place and in similar circumstances No one is above the law

    Right Against Unreasonable Searches and Seizures


    Right to be secure in their persons, houses, papers and against unreasonable searches and seizures. This happens when it is done without court order or search warrant/warrant of arrest.

    Search warrant
    written court order signed by a judge search of property or entry into somebodys property for unlawful possession and bring it before the court

    Warrant of Arrest
    Written court order Issued to a peace officer Take into custody the identified person to answer the alleged commission of a crime

    Requirements to be valid
    Issuance by the judge on probable cause Detailed description of the things to be seized and person to be arrested

    Search and seizure may be done without warrant


    Waiver or consent when the person to be arrested is a prisoner who escaped from prison When the person to be arrested has committed, is actually committing or attempting to commit an offense

    Right to Privacy of Communication and Correspondence


    Right of the citizens without interference from others and the government Two instances when the government can interfere: upon lawful order of the court; when public safety or order requires it as prescribed by law

    Freedom of Speech
    Freedom of expression Both oral or written Press freedom Occurs in association with the exercise of the right of peaceable assemblage Except those containing libel, slander, obscenity, sedition, or criminal conduct

    Freedom of Speech
    Essential to the vitality of a democratic conduct Limits of freedom of speech
    DANGEROUS TENDENCY RULE CLEAR AND PRESENT DANGER RULE

    Freedom of religion
    Right to worship God in his own way Right to practice religious beliefs without interference from the government

    Liberty of Abode and Travel


    Liberty of ABODE- freedom to choose where to reside Liberty to TRAVEL freedom to move from one place to another
    Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

    Right to Information on Matters of Public Concern


    Refers to the right to have access to the records of the government
    Does not include: national security records, income tax returns and intelligence funds of the AFP

    Right toAssociation
    Freedom to organize and join any society or group, as long as its goals and activities are not contrary to the existing laws of the land.
    Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

    Right to just Compensation


    Private property shall not be taken for public use without just compnsation Government can take over private property for public use through the power of EMINENT DOMAIN.
    Conditions:
    1. the property to be taken over shall be for public use. 2. the owner has to be paid the reasonable value of his property 3. due process has to be observed in the expropriation proceeding

    Non-impairment of Contracts
    Safeguarding the integrity of valid contractual agreements against unwarranted interference from the state in the form of laws. Section 10. No law impairing the obligation of contracts shall be passed.

    Free Access to Courts


    In consideration of those citizens whose economic conditions in life deter them from going to the court to protect their property and persons Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

    Rights of a person Under Custodial Investigation


    Sometimes called MIRANDA RIGHTS Commence right at the moment an accused is arrested or surrenders to police authorities. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

    Rights of a person Under Custodial Investigation


    (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

    Rights of the Accused in Criminal Cases


    Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

    You might also like