Bill of motherfucking right

• Due process of law

  • Procedural due process - the method or manner by which the law is enforced, requires notice and hearing
  • Substantive due process - the law itself must be fair, reasonable and just
• Life


  More than mere animal existence, extends to all the limbs and faculties by which life is enjoyed
• Liberty


  Not merely freedom from physical restraint, but the right to use one's faculties subject to not violating the law or rights of others
• Property


  Includes the right to own, use, transmit and even destroy, subject to the rights of the State and others
• Equal protection of laws


  All persons subject to legislation should be treated alike, under like circumstances and conditions
• Search warrant


  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
• Warrant of arrest


  A written order to arrest a person designated, to take him into custody in order that he may be bound to answer for the commission of an offense
• Scope of protection


  • Applies to everybody, citizens and aliens, including corporations
  • Extends to dwelling houses, garages, warehouses, etc. but not open spaces and fields
  • Includes sealed letters and packages in the mail
• Right of privacy


  The right to be left alone, free from undesired publicity or disclosure, and to live without unwarranted interference by the public
• Freedom of speech, expression, and press


  The right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law or injure someone's character, reputation or business
• Right of assembly


  The right on the part of the citizens to meet peaceably for consultation in respect to public affairs
• Right of petition


  The right of any person or group of persons to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances
• Religious freedom


  The right of a man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power
• Liberty of abode and travel

  The right of a person to have home in whatever place chosen by him and thereafter to change it at will and to go where he pleases, without interference from any source
• Limitations on liberty of abode and travel

  May be impaired only upon lawful order of the court, or in the interest of national security, public safety, or public health, as provided by law
• Right to information on public matters

  Embraces all public records, limited to citizens only but without prejudice to aliens in cases where they are litigants, subject to limitations provided by law
• Right to form associations


  The freedom to organize or be a member of any group or association, union or society, and to adopt the rules which the members judge most appropriate to achieve their purpose
• Eminent domain


  One of the essential or inherent powers of government, the power to take private property for public use with just compensation
• Impairment of contracts


  A law which changes the terms of a legal contract between parties, either in the time or mode of performance, or imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms, is a law which impairs the obligation of a contract and is null and void
• Free access to courts and legal assistance


  Includes low paid employees, domestic servants and laborers who are indigent but not necessarily paupers
• Rights of person under investigation

  Right to be informed of right to remain silent and have competent and independent counsel, right against torture or coercion, and any confession or admission obtained in violation is inadmissible
• Indigent


  Persons who have no property or sources of income sufficient for their support aside from their own labor though self-supporting when able to work and in employment
• Rights of person under investigation

  • The right to remain silent
  • The right to competent and independent counsel preferably of his own choice
  • The right to be informed of such rights
  • The right against torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him
  • The right against secret detention places, solitary, incommunicado, or other similar forms of detention
• Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him
• 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
• Bail


  A mode short of confinement which would, with reasonable certainty, insure the attendance of the accused at his trial. It usually, takes the form of a deposit of money or its equivalent as a guarantee of such attendance and which deposit is forfeited upon failure to appear
• Reasons why bail is awarded to accused

  • To honor the presumption of innocence until his guilt is proven beyond reasonable doubt
  • To enable him to prepare his defense without being subject to punishment prior to conviction
• Rights of the Accused

  • Right to due process of law
  • Right to be presumed innocent
  • Right to be heard, which includes: The right to be present at the trial, The right to counsel, The right to an impartial judge, The right of confrontation, The right to compulsory process to secure the attendance of witnesses
  • Right to be informed
  • Right to speedy trial
  • Right to an impartial trial
  • Right to a public trial
• Writ of Habeas Corpus


  A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and reason of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf. Hence, an essential requisite for the availability of the writ is actual deprivation of personal liberty
• Privilege of the writ of habeas corpus

  The right to have an immediate determination of the legality of the deprivation of physical liberty
• The Right to a Speedy Trial in Section 14


  Covers only the trial phase of criminal cases
• The Right to a Speedy Disposition of Cases in Section 16


  Covers all phases of any judicial, quasi-judicial or administrative proceedings
• Purpose of the guarantee against self-incrimination


  It was established on the grounds of public policy and humanity. Of policy, because, if the party were required to testify, it would place the witness under the strongest temptation to commit perjury; and of humanity, because, it would prevent the extorting of confession by duress
• Right against Detention by reason of Political Beliefs


  This safeguards everyman's ideals and principles regarding his political outlook. Radical political beliefs, however, which are being propagated to subvert duly constituted authorities, are not covered by the protection being contrary to the democratic ideals enshrined in the Constitution
• Involuntary Servitude


  It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised
• Penalty is said to be "cruel, degrading or inhuman"


  It takes more than merely being harsh, excessive, out of proportion or severe for a penalty to be obnoxious to the Constitution. "The fact that the punishment authorized by the statute is severe does not make it cruel and unusual." Expressed in other terms, it has been held that to come under the ban, the punishment must be "flagrantly and plainly oppressive"
• Debt


  It means any liability to pay money growing out of a contract, express or implied
• Poll tax


  A poll tax is understood as the cedula tax or residence tax. The Constitution does not prohibit the cedula tax but it prohibits imprisonment for non-payment of the cedula or residence tax. A poll tax may also be understood as a tax, the payment of which is made a requirement for the exercise of the right of suffrage
• Right against Double Jeopardy

  It means that the accused can only be prosecuted once for the same offense. A second prosecution after the termination of the first will be a double jeopardy if the second case involves the same act. The purpose of this Constitutional right is to establish a rule of finality. To hold otherwise would be to forever place the accused under a state of possible harassment by the Government and its witnesses
• Ex post facto law


  An ex post facto law has been defined as one: Which makes an action done before the passing of the law and which was innocent when done criminal, and punishes such action; or Which aggravates a crime or makes it greater than when it was committed; Which changes the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed Which alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the defendant. In general, ex post facto law prohibits retrospectivity of penal laws