CONCEPT OF HUMAN

RIGHTS

HUMAN RIGHTS - refers to

things that are properly and justly

due to a person by virtue of being

human.

THE BILL OF RIGHTS

ARTICLE III, BILL OF RIGHTS,

is an enumeration of the people’s

rights that the constitution

guarantees and protects against

government violation of an

individual or individuals.

THREE GREAT

POWERS OF THE

GOVERNMENT

POLICE POWER – is the inherent

power of the state to restrain and

regulate the use of liberty and

property for the comfort, safety and

welfare of the society.

POWER OF EMINENT DOMAIN

– is the inherent of the state to

appropriate private lands for public

purpose upon payment of just

compensation.

POWER OF TAXATION – refers

to the power of the state to impose

burdens on persons, properties,

services, and occupations.

CLASSES OF RIGHTS

OF CITIZENS

NATURAL RIGHTS – these are

rights which are inherent to a

person as a creation of God.

CONSTITUTIONAL RIGHTS –

these are rights which are granted

and protected by the constitution.

POLITICAL RIGHTS – those are

rights that a citizen exercises to

participate in the affairs of the

government.

CIVIL RIGHTS – those rights that

a citizen enjoys in pursuance of

individual happiness and

development.

STATUTORY RIGHTS – these

refer to rights provided by laws

which are granted by the legislature

and may be abolished by the same.

INDIVIDUAL RIGHTS

IN RELATION TO

SOCIETY AND STATE

AUTHORITY

RIGHTS refer to one’s privileges

to claim and do what he is justly

entitled to.

FREEDOM means to be free to do

anything at all will without prior

restraint.

RIGHT TO LIFE means not only

the right to be alive but also the

right to be secure of one’s limb or

any part of the body from physical

harm.

LIBERTY means not only freedom

from physical restraint but also the

freedom to use one’s faculties

without restraint, subject to

limitations provided by law.

PROPERTY refers to the things or

right over a thing, which constitutes

our possession.

DUE PROCESS OF LAW

TWO ASPECTS :

PROCEDURAL DUE PROCESS –

refers to the manner or procedure

which must be followed in the

enforcement or application of law.

SUBSTANTIVE DUE PROCESS -

means that the law to be applied

should be valid, just, and not

arbitrary.

EQUAL PROTECTION OF THE

LAW (section I) – it means

equality of all persons before the

law whether he is rich or poor.

RIGHT AGAINST ILLEGAL

SEARCH, SEIZURE AND

ARREST (section II) – the purpose

of section II is to order the privacy

and the sanctity of the person and

of his house and other possessions

found therein against arbitrary

intrusion by agents of the state.

A SEARCH WARRANT is an

order in writing, issued in the name

of the people of the Philippines,

signed by a judge and directed to a

peace officer, commanding him to

search for certain personal property

and bring it before the court.

If the order in writing is issued by

the judge to arrest a person or take

him into custody to make him

answer for an offense in violation

of a law, it is called a WARRANT

OF ARREST.

ESSENTIAL REQUISITES OF A

VALID SEARCH WARRANT OR

WARRANT OF ARREST

1. It must be issued upon probable

cause.

2. The probable cause must be

determined personally by a

judge.

3. Such judge must examine under

oath or affirmation, the

complainant and the witnesses

he may produce to determine

the existence of the probable

cause.

4. The warrant of arrest must

particularly describe the place

to be searched, and the person

or things to be seized.

Search and warrant can be made

without warrant in the following

instances:

1. When there is consent or

waiver.

2. Where search is an incident to a

lawful arrest.

3. When an officer making the

search has reasonable cause to

conduct it to a vehicle believed

to be containing contraband or

forfeited goods.

4. When the possession of articles

prohibited by law is disclosed

to plain view, seizure can be

made if an offender is seen in

plain view holding, for

example, a deadly weapon.

WHEN A WARRANTLESS

ARREST IS CONSIDERED

LAWFUL

Remember, a peace officer can

arrest a person only if there is a

valid warrant but Sec. 5 of Rule

13, Rules of Court, provides

exceptions.

Thus, arrest can be made by a

peace officer without warrant

under the following conditions:

1. When, in his presence, the

person has committed, is

actually committing, or

attempting to commit, an

offense;

2. When an offense has, in fact,

been committed, and he has

personal knowledge of facts

indicating that the person to be

arrested has committed it;

3. When the person to be arrested

is a prisoner who has escaped

from a penal establishment or

place judgment or is

temporarily combined while his

case is pending, or has escaped

while being transferred from

one confinement to another.

REASONABLE KNOWLEDGE

means that the arresting officer has

information from at least two

witnesses of who they know are

the law-offenders.

RIGHT TO PRIVACY – every

person has the right to keep his

communication or correspondence

a secret. His communication with

others by phone or by letters is

personal and a private matter that

nobody should intrude upon. The

privacy of communication and

correspondence is protected by

Section 3, which states that:

1. 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.

2. Any evidence obtained in

violation of this or the

preceding section shall be

inadmissible for any purpose in

any proceeding.

TWO EXCEPTIONS:

1. Upon lawful order of the court,

as when the latter orders that

the communication or letter be

testified to as being material to

a pending case; and

2. When public safety or order

requires otherwise as prescribed

by law.

FREEDOM OF EXPRESSION

FREEDOM OF SPEECH means

an individual is free to speak or

utter whatever he wants without

prior restraint.

FREEDOM OF THE PRESS

means an individual is free to

write, publish, and circulate

whatever he pleases without

restraint.

SPEECH AND EXPRESSION

refer to any form of oral utterances

while PRESS covers every sort of

publication. Freedom of speech

and expression and freedom of the

press are collectively called

FREEDOM OF EXPRESSION

which includes every form of

expression whether oral, written,

tape or disc recorded.

IMPORTANCE OF FREEDOM

OF EXPRESSION

1. It encourages exploration of

ideas and dissemination of

knowledge, which are of public

benefit and interest.

2. It enables the citizens to be

informed of government acts

and policies.

3. It brings government officials

to the bar of public opinion and

criticism in the exercise of their

duties.

4. It helps prevent irregularities in

any department of the

government.

SCOPE OF THE FREEDOM OF

EXPRESSION

FREEDOM OF EXPRESSION

covers not only protection of free

speech and free press but also the

right to assembly, the right to

petition to the appropriate branch

of government for redress of

grievances, the right to form

associations not contrary to law,

and the right to religious freedom.

PROHIBITION ON PRIOR

RESTRAINT

THREE STANDARDS IN

REGULATING FREEDOM OF

EXPRESSION:

1. THE DANGEROUS

TENDENCY RULE

2. THE CLEAR AND PRESENT

DANGER RULE

3. THE BALANCING OF

INTERESTS RULE

RIGHT TO FORM

ASSOCIATIONS – means that any

person has the freedom to organize

or to be a member of any group,

association, union or society and to

adopt the rules that are appropriate

to achieve the purpose of the

organization.

There was a practice before by

some companies that requires an

employee to sign an agreement as a

condition for him employment –

that he will not join any labor

union, this was called the

YELLOW DOG CONTRACT.

RIGHT TO OWN AND DISPOSE

PROPERTY at will inherent right

of an individual.

THE FOLLOWING

CONDITIONS FOR OR

LIMITATIONS UPON THE

EXERCISE OF THE RIGHT TO

OWN AND DISPOSE

PROPERTY:

1. EXISTENCE OF PUBLIC

USE

2. PAYMENT OF JUST

COMPENSATION

3. OBSERVANCE OF DUE

PROCESS OF LAW IN THE

TAKING.

RIGHT OF THE ACCUSED

It may be stated that these rights

are accorded to the accused to

make sure that there would be no

miscarriage of justice.