Primacy of Human Rights and Enforcement

ARTICLE III - BILL OF RIGHTS
Primacy of Human Rights and Enforcement
Three Great Powers of the Gov’t

 The totality of gov’tal power is contained in 3 great powers:
1. Police Power
o Most essential, inconsistent and the least limitable of powers, extending as it does to all
the great public needs
o Inherent and plenary power in the State which enables it to prohibit all that is hurtful to
the comfort, safety, and welfare of society
o Power vested in the legislature by the constitution to make, ordain and establish all
manner of wholesome and reasonable laws, statutes, and ordinances, either with
penalties or without, not repugnant to the constitution, as they shall judge to be for the
good and welfare of the commonwealth, and of the subjects of the same
2. Power of Eminent Domain
3. Power of Taxation
 They are inherent powers – a constitution does not grant such powers to the gov’t; it can only define and
delimit them and allocate their exercise among various gov’t agencies
Bill of Rights
 (Significance of the bill of rights in bernas primer?)
 The set of prescriptions setting forth the fundamental civil and political rights of the individual, and
imposing limitations on the powers of government as a means of securing the enjoyment of those rights.
The Bill of Rights is designed to preserve the ideals of liberty, equality and security “against the assaults of
opportunism, the expediency of the passing hour, the erosion of small encroachments, and the scorn and
derision of those who have no patience with general principles” (Nachura)
 Generally, any governmental action in violation of the Bill of Rights is void. These provisions are also
generally self-executing. (Nachura)
 Guarantees that there are certain areas of a person’s life, liberty and property which gov’tal power may not
touch. All the powers of the gov’t are limited by the Bill of Rights. (Crombonds)
 Restrictions found in the Bill of Rights, as constitutional law, are directed against the state.
o Relations between private persons – almost all protections against the state found in the Bill of
Rights have been made applicable as civil law to relations between private persons through Article
32 of the Civil Code:
 “Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following
rights and liberties of another person shall be liable to the latter for damages:
xxx
In any of the cases referred to in this article, whether or not the defendant’s act or
omission constitutes a criminal offense, the aggrieved party has a right to commence an
entirely separate and distinct civil action for damages, and for other relief. Such civil
action shall proceed independently of any criminal prosecution (if the latter be
instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or
omission constitutes a violation of the Penal Code or other penal statute.”
Civil Rights
ANDREA CONSTI2 | 1
 Those rights that belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants,
and are not connected with the organization or administration of gov’t.
 They include the rights to property, marriage, equal protection of the laws, freedom of contract, etc.
 They are rights appertaining to a person by virtue of his citizenship in a state or community.
 Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil
action.
Political Rights
 They refer to the right to participate, directly or indirectly, in the establishment or administration of
government, e.g.:
o Right of suffrage
o Right to hold public office
o Right to petition
o In general, the rights appurtenant to citizenship vis-a-vis the management of government
Case: Republic v. Sandiganbayan

The Supreme Court held that the Bill of Rights under the 1973 Constitution was not operative from the actual and
effective take-over of power by the revolutionary government following the EDSA revolution until the adoption, on
March 24, 1986, of the Provisional (Freedom) Constitution. During this period, the directives and orders of the
revolutionary government were the supreme law, because no constitution limited the extent and scope of such
directives and orders. Thus, during the interregnum, a person could not invoke any exclusionary right under the Bill
of Rights, because there was neither a constitution nor a Bill of Rights at the time. However, the protection accorded
to individuals under the International Covenant on Civil and Political Rights and the Universal Declaration of
Human Rights remained in effect during the interregnum. (Nachura)
Section 1.
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.
Hierarchy of Rights
“Person” refers to:

 Natural persons
 Juridical persons
 Political subdivisions
Three rights that Section 1 gives basic protection to:

1. Right to life
o Not just a protection of the right to be alive or to the security of one’s limb against physical harm,
but also a right to a good life
o Puts importance on the quality of living
2. Right to liberty
o Civil liberty – measure of freedom which may be enjoyed in a civilized community, consistently
with the peaceful enjoyment of like freedom in others
o Right to liberty includes the right to exist and the right to be free from arbitrary personal restraint
or servitude
o Also includes “the right of the citizen to be free to use his faculties in all lawful ways; to live and
work where he will; to earn his livelihood by any lawful calling; to pursue any avocation, and for
that purpose, to enter into all contracts which may be proper, necessary, and essential to his
carrying out these purposes to a successful conclusion”
o Chief elements: right to contract, right to choose one’s employment, right to labor, right to
locomotion
3. Right to property
o Protected property – includes all kinds of property defined in the Civil Code; also includes vested
rights
ANDREA CONSTI2 | 2
o Also includes the right to work and the right to earn a living; one’s employment, profession, trade
or calling is protected property
Case: Philippine Blooming Mills Employees Org. v. Philippine Blooming Mills Co. Inc.
Due Process: In General
Two aspects/kinds of due process

1. Procedural – relates chiefly to the mode of procedure which gov’t agencies must follow in the enforcement
and application of laws; guarantee of procedural fairness
2. Substantive – prohibition against arbitrary laws
Case: Tupas v. CA
I. Procedural Due Process
A. Judicial Proceedings
1. In General
Essential Requirements of Procedural Due Process in Courts, (Banco Español v. Palanca)

1. There must be a court or tribunal clothed with judicial power to hear and determine the matter
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the
subject of the proceedings
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
2. Aspects of the Proceedings
3. Publicity and TV Coverage
B. Administrative; Quasi-Judicial Proceedings; Arbitration
1. In General; administrative due process
“Cardinal Primary” Requirements in Administrative Proceedings (Ang Tibay v. CIR)

1. The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. The evidence must be substantial – such reasonable evidence as a reasonable mind might accept as
adequate to support a conclusion
5. The decision must be based on the evidence presented at the hearing, or at least contained in the record and
disclosed to the parties affected
6. The tribunal or body or any of its judges must act on its own independent consideration of the law and facts
of the controversy, and not simply accept the views of a subordinate
7. The Board of body should, in all controversial questions, render its decision in such manner that the parties
to the proceeding can know the various issues involved, and the reason for the decision rendered
Case: Shu v. Dee
2. Judges and Disciplinary Process
3. Aspects of the Proceedings
Case: GMA v. COMELEC
ANDREA CONSTI2 | 3
“While it is true that the COMELEC is an independent office and not a mere administrative agency under the
Executive Department, rules which apply to the latter must also be deemed to similarly apply to the former, not as a
matter of administrative convenience but as a dictate of due process. And this assumes greater significance
considering the important and pivotal role that the COMELEC plays in the life of the nation.”
CIR v. CA: “It should be understandable that when an administrative rule is merely interpretative in nature, its
applicability needs nothing further than its bare issuance for it gives no real consequence more than what the law
itself has already prescribed. When, upon the other hand, the administrative rule goes beyond merely providing for
the means that can facilitate or render least cumbersome the implementation of the law but substantially adds to or
increases the burden of those governed, it behooves the agency to accord at least to those directly affected a
chance to be heard, and thereafter to be duly informed, before that new issuance is given the force and effect of
law.” (Emphasis in the original)
“For failing to conduct prior hearing before coming up with Resolution No. 9615, said Resolution, specifically in
regard to the new rule on aggregate airtime is declared defective and ineffectual.”
4. Extradition Proceedings
Case: Gov’t. of Hongkong v. Olalia
5. Arbitration
Case: RCBC v. Banco de Oro
C. Academic Discipline
1. In General
Minimum Standards of Procedural Due Process in School Administrative Proceedings (Guzman v. Nat’l University)
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
5. The evidence must be duly considered by the investigating committee or official designated by the school
authorities to hear and decide the case
ADMU v. Capulong
Go v. Colegio de San Juan de Letran
D. Deportation Proceedings
1. In General
Case: Lao Gi v. CA
 Although deportation proceedings are not criminal in nature, the consequences can be as serious as those of
a criminal prosecution. The provisions in the Rules of Court for criminal cases are applicable.
E. Regulations: Fixing of Rates and Regulation of Profession
1. Rates
Maceda v. ERB
2. Profession
Corona v. UHPAP
ANDREA CONSTI2 | 4
F. Dismissals, Suspensions, Reinstatements, etc.
1. Dismissal in Gov’t Boards and Commissions
2. Dismissal in Private Sector
Salaw v. NLRC
3. Preventive Suspension
G. Ordinance/Statute/Memo Cir./Rules
People v. Nazario
Estrada v. Sandiganbayan
H. Motion for Reconsideration
I. Suretyship
J. Tariff and Customs Code

Feeder v. CA
K. Appeal
L. Closure Proceedings
CB v. CA
M. Biddings
N. UDHA - RA 7279; Squatting; Procedure for relocation; summary abatement

Perez v. v. Madrona
O. Cancellation of Property Rights/Privileges

American Inter-Fashion v. OP
British American Tobacco v. Camacho
P. Administrative and Preliminary Investigation – Ombudsman
II. Substantive Due Process
Equal Protection of Law
ANDREA CONSTI2 | 5

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ARTICLE III - BILL OF RIGHTS

Primacy of Human Rights and Enforcement

Three Great Powers of the Gov’t

Case: Republic v. Sandiganbayan

“Person” refers to:

Three rights that Section 1 gives basic protection to:

Due Process: In General

Two aspects/kinds of due process

I. Procedural Due Process

Essential Requirements of Procedural Due Process in Courts, (Banco Español v. Palanca)

2. Aspects of the Proceedings

3. Publicity and TV Coverage

B. Administrative; Quasi-Judicial Proceedings; Arbitration

1. In General; administrative due process

“Cardinal Primary” Requirements in Administrative Proceedings (Ang Tibay v. CIR)

Case: Shu v. Dee

2. Judges and Disciplinary Process

3. Aspects of the Proceedings

Case: GMA v. COMELEC

Case: Gov’t. of Hongkong v. Olalia

Case: RCBC v. Banco de Oro

E. Regulations: Fixing of Rates and Regulation of Profession

1. Dismissal in Gov’t Boards and Commissions

2. Dismissal in Private Sector

H. Motion for Reconsideration

J. Tariff and Customs Code

N. UDHA - RA 7279; Squatting; Procedure for relocation; summary abatement

O. Cancellation of Property Rights/Privileges

P. Administrative and Preliminary Investigation – Ombudsman

II. Substantive Due Process

Equal Protection of Law

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