DUMAUG_DUE PROCESS

Learning Outcomes:

Upon completing this course, students should:

1. Understand the key historical, political, legal and moral influences that have shaped the idea of "human rights.“

2. Identify the major international declarations, treaties, and covenants governing human rights.

3. Understand the rights, freedoms, liberties and other clauses guaranteed by the constitution, and

4. Know how to research, and where to find, human rights materials and relevant issues that will be necessary to future work in the field, and how to construct and advocate effective legal and policy arguments using international human rights norms and discourse;

Specifically, the students will gain:

Knowledge• to learn the definition of Bill of Rights, Due Process, Equal Protection, Probable Cause, Ex Post Facto Law, Bill of Attainder, Freedom of Expression, etc. • to recognize references to several Freedoms, Rights and Liberties in the Bill of Rights of Article 3 of the 1987 Philippine Constitution

Attitude• to appreciate the importance of Article 3, the Bill of Rights to an individual and to society • to appreciate the importance of protecting one's rights

Skill• to work effectively in small groups • to apply principles in legal documents to specific actions

• Bill of Rights – It is a declaration and enumeration of the individual rights and privileges, which the constitution is designed to protect. It is a charter of liberties for the individual and limitations upon the power of the state.

• Classification of Constitutional Rights1. Political Rights2. Civil Rights3. Social and Economic Rights4. Rights of the Accused

• Classes of Rights1. Natural Rights2. Constitutional Rights3. Statutory Rights

• Legal Basis – Universal Declaration of Human Rights (UDHR) signed by members of the United Nations (UN) on December 10, 1948

• The Three Generations of Human Rights of the UDHR1. 1ST Generation Rights – Rights that protect the people from

the abuse of political authority. Keyword: LIBERTY2. 2nd Generation Rights – pertain to the economic, social and

cultural rights. Keyword: EQUALITY3. 3rd Generation Rights – Solidarity rights that may be enjoyed

collectively. Keyword: SOLIDARITY/FRATERNITY1. Right to peace2. Right to development3. Right to a healthy environment4. Right to humanitarian aid5. Right to share in the world’s common cultural heritage.

ARTICLE 3. BILL OF RIGHTS

1) DUE PROCESS

2) EQUAL PROTECTION

3) FREEDOM FROM UNWARRANTED SEARCHES AND

SEIZURES

4) PRIVACY OF COMMUNICATIONS AND

CORRESPONDENCE

5) FREEDOM OF EXPRESSION

6) FREEDOM OF RELIGION

EQUAL PROTECTION: DEFINITION

ALL PERSONS OR THINGS

SIMILARLY SITUATED SHOULD

BE TREATED ALIKE, BOTH AS

TO RIGHTS CONFERRED AND

RESPONSIBILITIES IMPOSED

TWO SIDES OF THE SAME COIN

DUE PROCESS = LIBERTY- fundamental individual rights

EQUAL PROTECTION = EQUALITY- treating people the same

TIMES WHEN GOVT. CLASSIFIES PEOPLE

THE BASIC QUESTION:

Is the Government

classification justified?

VALID CLASSIFICATION

REQUISITES:

1. SUBSTANTIAL DISTINCTION

2. GERMANE TO THE PURPOSE OF THE LAW

3. NOT LIMITED TO EXISTING CONDITIONS ONLY

4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS

VALID CLASSIFICATION

REQUISITES:

1. SUBSTANTIAL DISTINCTION

2. GERMANE TO THE PURPOSE OF THE LAW

3. NOT LIMITED TO EXISTING CONDITIONS ONLY

4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS

VALID CLASSIFICATION

REQUISITES:

1. SUBSTANTIAL DISTINCTION

2. GERMANE TO THE PURPOSE OF THE LAW

3. NOT LIMITED TO EXISTING CONDITIONS ONLY

4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS

VALID CLASSIFICATION

REQUISITES:

1. SUBSTANTIAL DISTINCTION

2. GERMANE TO THE PURPOSE OF THE LAW

3. NOT LIMITED TO EXISTING CONDITIONS ONLY

4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS