Article III.

BILL OF RIGHTS

What is the right to life?

- Not merely the protection of the right to be alive or the security of ones limb against
physical harm
- It means the right to a good life
- Sec 6, Art II commands to promote a life of dignity and where Sec 7 guarantees a
decent quality of life

Do the unborn have a constitutional right to life?

- Yes. Art II, Sec 12 commands the State to equally protect the life of the mother and
the life of the unborn from conception.

What does PROPERTY include?

- Protected property includes all kinds of property found in NCC. Art 414 provides that
a property is defined as all things which are or may be the object of appropriation.

Is ones employment, profession or trade a property protected by the Constitution?

- Yes. In fact Sec 3, Art XIII guarantees security of tenure

A law limiting deployment of overseas workers to skilled workers only was challenged as
violative of the right to work. Decide.

- No right is absolute and the proper regulation of profession, calling or business or

trade has always been upheld as a legitimate subject of a valid exercise of police
power by the State. [Executive Security v. CA (2004)]

When a property is classified into historical treasures or landmarks, should such

classification be done with both procedural and substantive due process?

- Yes, when classification will involve imposition of limits on ownership.

Do life and property enjoy identical protection from the Constitution?

- No. the primacy of human rights over the property rights is recognized. In the
hierarchy of civil rights, the rights of free expression and of assembly occupy a
preferred position as they are essential to the preservation and validity of our civil
and political institutions.

What is the right to liberty?

- It means the right to be free.

The military of detainee question the correctness of the restriction on contact visits. Will it
prosper?
 - The court upheld the blanket restriction on contact visits as this practice was
reasonably related to maintaining security.

Do people have the right to bear arms?

- No. only those authorized by law may bear arms. [Chavez v. Executive Secretary
(2004)]

What is the concept of due process law?

- It is a law that hears before it condemns which proceeds upon inquiry and renders
judgment only after trial. [Ermita Malate v. City of Manila (1967)]

When do laws which interfere with life, liberty or property satisfy substantive due process?

- It must appear that: (1) interests of the public generally require such interference;
(2) means are reasonably necessary

Is the requirement of substantive due process a rigid concept?

- No. the heart of sustantibe due process is the requirement of reasonableness or the
absence of arbitrary process

What is the presumption when the state acts interfere with life, liberty or property?

- The presumption is that the action is valid.

What is procedural due process?

- It is a guarantee of procedural fairness.

What are the essential requirements of procedural due process?

- See Banco Espanol Filipino v Palanca

What are the essential requirements of procedural due process in administrative cases?

Air Manila v. Balatbat

Cardinal Rights in Procedural Due Process in Administrative Cases

1. Actual notice and hearing

2. Competent jurisdiction of tribunal
3. Evidence must be presented or at least included in the records
4. Finding must be supported by substantial process

What are the two aspects of due process?

- Substantive due process

- Procedural due process

What is substantive due process?

 - As a substantive requirement, it is a prohibition of arbitrary laws because if all that
due process clause required were proper procedure then life liberty or property could
be destroyed arbitrarily provided proper formalities are observed.

Give examples of acts of the state which infringe the due process clause:

1. In its substantive aspect

Cancellation of mortgages
2. In its procedural aspect
Dismissal of a case without hearing and without any notice

A law is passed penalizing entities who will charge children ages 7 to 12 years old the full
payment for tickets for entertainment purposes. Is the law valid?

- No. it is arbitrary taking of property of the business owners.

May the COMELEC prohibit the posting of decals and stickers on mobile places, public or
private, such as on a private vehicle and limit their location only to the authorized posting
areas that the COMELEC itself fixes? Explain.

- Unconstitutional. It is also overbroad, because it encompasses private property and

constitutes deprivation of property without due process of law. Ownership of
property includes the right to use. The prohibition is censorship which is unjustified.
(Adiong v. COMELEC)

Why is the goodness of justice portrayed with a blindfold?

- x x x not because she must be hindered in seeing where the right lies, but that she
may not discriminate against suitors before her, dispensing instead an even handed
justice to all.

What is the meaning of equal protection of the law?

- guarantees legal equality or the equality of all persons before the law

Does equal protection prohibit classification?

SECTION 12, ARTICLE III

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.

(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 and rehabilitation of victims of torture or similar practices, and their
families.