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Bill of Rights

Autor:   •  October 17, 2018  •  4,672 Words (19 Pages)  •  475 Views

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2. May an act of a private individual, allegedly in violation of another person’s constitutional rights be invoked against the State? – No, in an absence of governmental interference, the liberties guaranteed by the Constitution cannot be invoked against the State.

C. Due Process

1. Are the rules on due process absolute? – No, The concept is flexible for not all situations calling for procedural safeguards call for the same kind of procedure.

2. Two Aspects of Due Process

- Substantive Due – serves as a restriction on the government’s law and rule-making powers.

(Requisites)

- The interests of the public in general, as distinguished from those of a particular class, require the intervention of the State; and

- The means employed are reasonably necessary for the accomplishments of the purpose and not unduly oppressive on individuals.

- Procedural Due – serves as a restriction on actions of judicial and quasi-judicial agencies of the government; a guarantee of procedural fairness.

(Requisites)

- An impartial court or tribunal clothed with judicial power to hear and determine the matters before it;

- Jurisdiction properly acquired over the person of the defendant and over property which is the subject matter of the proceeding;

- Opportunity to be heard; and

- Judgement rendered upon lawful hearing and based on evidence adduced.

3. Constitutional Due Process – protects the individual from the government and assures him of his rights in criminal, civil, or administrative proceedings.

4. Statutory Due Process – found in the Labor Code and Implementing Rules protects employees from being unjustly terminated without just cause after notice and hearing.

5. Are the Constitutional Rights provided under the 1987 Constitution of the same weight and value? – No, the Supreme Court ruled that the primacy of human rights over property rights is recognized because these freedom are delicate and vulnerable, as well as supremely precious in our society and the threat of sanctions may deter their exercise almost as potently as the actual applications of sanctions. Further, the SC held in the same case that human rights are imprescriptible.

6. Different Standards of Review Relating to Due Process

- Strict Scrutiny – determining the amount and quality of governmental interest bought to justify the regulation of fundamental freedoms.

- Intermediate Review – is a standard that is satisfied when it is shown that a classification or legislation is substantially related to an important government objective.

- Rational Basis or Differential Review – satisfied when it is shown that the legislative classification is rationally or related to achieving some legitimate State interest in the areas of social and economic policy.

7. Void-for-Vagueness Doctrine – When a statute forbids or requires the doing of an act in terms of vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, that law is deemed void.

D. Equal Protection

1. Right to Equal Protection

- Provides that all persons or things similarly situated must be similarly treated both as to rights conferred and responsibilities imposed.

- The constitution requires equality among equals.

- The guaranty of the equal protection clause is not violated by a legislation based on a reasonable classification. Although the equal protection clause of the Constitution does not forbid classification, it is imperative that it should be based on real and substantial differences having a reasonable relation to the subject of the particular legislation.

2. Requisites for Valid Classification

- Such classifications rests upon substantial distinctions;

- Not confine to existing conditions only;

- Applies equally to all members of the same class; and

- Germane to the purposes of the law.

3. Tests of Judicial Review in Relation to the Equal Protection Clause

- Rational Basis Test – adopting a deferential attitude towards legislative classifications. From the recognition that classification is often as unavoidable element of the task of legislation which, under the separation of powers embodied in our Constitution, primarily prerogative of Congress. Applies to legislative classifications in general, such as those pertaining to economic or social legislation.

- Strict Scrutiny Test – interferes with the exercise of a fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional, and the burden is upon the government to prove that the classification is necessary to achieve compelling state interest and that it is least restrictive means to protect such interest. Used today to test the validity of laws dealing with the regulation of speech, gender, or race as well as other fundamental rights as expansion from its earlier applications to equal protection.

- Intermediate Scrutiny Test – for evaluating classifications based on gender and legitimacy. The government must show that the challenged classification is at least substantially related to serving that interest.

(Note: The Court should accept the legislative end, but should closely scrutinize its relationship to the classification made.)

E. Searches and Seizures

1. Coverage of the Right against unreasonable Searches and Seizures

- The sanctity and power of a person himself; and

- The inviolability of a person’s frame and his possessions.

2. Invokes the Right

- All persons may invoke the right. It protects all persons, including aliens and to a limited extent,

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