Constitutional Law II - Bill of Rights Section 1 Flashcards
(40 cards)
What is the Bill of Rights?
The Bill of Rights refers to the enumeration of rights and privileges which the Constitution protects.
What are the kinds of rights?
Inherent / Human Rights
- civil, political, economic, social,
cultural
- Check UN ICCPR
Constitutional Rights
- Conferred by the Constitution
- Include inherent rights
Statutory Rights
- Dependent upon the existence of a statute
- Example Benefits granted under the Labor Code
What is the Doctrine of Hierarchy of Rights?
Life Liberty and Property
Can the right to property be relinquished upon the command of the state?
Yes, it can be relinquished upon the command of the state for the promotion of the public good.
What is the nature of the provisions under Art. III of the 1987 Constitution?
It is presumed that all provisions of the constitution are self executing unless expressly provided
Who can avail the Bill of
Rights provisions of the
1987 Constitution?
PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters
Against whom shall the Bill of Rights provisions of the 1987 Constitution enforceable?
It can only be directed against the government and its law enforcement agencies.
What does Sec 1, Art II, 1987 Constitution provides?
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 laws.
Can the state deprive a person of life, liberty, or property?
Yes, it can with the due process of the law
What is “due process”
of law?
“Due process of law” is a process or proceedings according to the law of the land.
Who can avail the
right to due process?
PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters
Against whom is the
right to due process
enforceable?
It is enforceable to the government of the republic of the Philippines and also each and every one of its branches, agencies etc.
What is substantive due process
Substantive due process looks to whether there is a sufficient justification for the governments action to take away a person’s life, liberty or property.
What is the void for vagueness doctrine?
The void-for-vagueness doctrine states that “a statute which either forbids or
requires the doing of an act in terms so vague that men of common
intelligence must necessarily guess at its meaning and differ as to its
application, violates the first essential of due process of law.”13
What is the overbreadth doctrine?
The overbreadth doctrine, on the other hand, decrees that “a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.”
What is the rationale
for publication of
laws?
to not deny the public knowledge of the laws that are supposed to govern.
What is procedural due process?
It is the procedure that government should follow before it deprives a person’s life, liberty or property.
What is the essence of procedural due process?
The essence of procedural process is embodied in the basic requirement and a real oppurtunity to be heard.
What are the
requirements of due
process in a judicial
proceeding?
(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
proceeding; (3) the defendant must be given an opportunity to be heard; and
(4) judgment must be rendered upon lawful hearing.
What are the requirements of due process in an administrative proceeding?
(1) The first of these rights is the right to a hearing, which includes the right of the
party interested or affected to present his own case and submit evidence in support
thereof.
(2) Not only must the party be given an opportunity to present his case and to adduce evidence
tending to establish the rights which he asserts but the tribunal must consider the evidence
presented.
(3) “While the duty to deliberate does not impose the obligation to decide right, it does imply a
necessity which cannot be disregarded, namely, that of having something to support it is a
nullity, a place when directly attached.”
(4) Not only must there be some evidence to support a finding or conclusion
(5) The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected
(6) The Court of Industrial Relations or any of its judges, therefore, must act on its or
his own independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision.
(7) The Court of Industrial Relations should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know the various
issues involved, and the reasons for the decision rendered. The performance of this
duty is inseparable from the authority conferred upon it.
What are the requirements
of due process in the
academe?
(1) the students must be informed in writing of the nature and cause of any accusation against them;
(2) they shall have the right to answer the charges against them, with the assistance of counsel, if
desired;
(3) they shall be informed of the evidence against them;
(4) they shall have the right to adduce evidence in their own behalf; and
(5) the evidence must be duly considered by the investigating committee or official designated by
the school authorities to hear and decide the case.
Sec. 1, Art. XIII, 1987 Constitution
The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.
Sec. 2, Art. XIII, 1987 Constitution
The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
Sec. 3, Art. XIII, 1987 Constitution
The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for
all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
