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Course Notes in CONSTITUTION LAW 2 : PRELIMINARY MATTERS Atty Karen Canulas- Armada

NACHURA, BERNAS, CRUZNOTES AI VALERIANO

I. PRELIMINARY MATTERS

A. Concept and Origin of the Bill of Rights1

The Bill of Rights is

1. Set of prescriptions setting forth the fundamental civil and political rights of the

individual, and imposing the limitations on powers of the government as means of

securing the enjoyment of those rights.

2. Designed to preserve ideals of liberty, equality, and security against the assaults of

opportunism, the expediency (the quality of being convenient and practical despite

possibly being improper or immoral; convenience.)of the passing hour, the erosion of

small encroachments, and the scorn and derision of those who have no patience

with general principles[quoted in PBM Employees Organization V. Philippine

Blooming Mills, 51 SCRA 189]

3. In the absence of governmental interference, the liberties guaranteed by the

Constitution cannot be invoked against the State. The Bill of Rights guarantee

governs the relationship between the individual and the state. Its concern is not the

relation between private individuals. What it does is to declare some forbidden

zones in the private sphere inaccessible to any power holder.

*Generally, any governmental action in violation of Bill of Rights is void. These provisions

are also generally self-executing.

* In the absence of governmental interference, the liberties guaranteed by theConstitution cannot be invoked. Put differently, the Bill of Rights is not meant to beinvoked against acts of private individuals. (Yrasegui vs. PAL, G.R. No. 168081, Oct. 17,2008) However, the Supreme Court in Zulueta v. CA, G.R. No. 107383, Feb. 20 1996,where the husband invoked his right to privacy of communication and correspondenceagainst a private individual, his wife, who had forcibly taken from his cabinet andpresented as evidence against him documents and private correspondence, held

these papers inadmissible in evidence, upholding the husbands right to privacy.

B.

Classification of Rights

1.

Civil Rights

a. 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 government

b. include the rights to property, marriage, equal protection of the laws, freedom

of contract

c. rights appertaining to a person by virtue of his citizenship in a state of beingenforced or redressed in a civil action

2. Political Rights

a. the right to participate directly or indirectly, in the establishment or administration

of government, e.g., the right of suffrage, the right to hold office, the right to

petition and, in general the rights appurtenant to vis--vis the management of

government


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3. Social and Economic Rightshttp://www.nesri.org/human-rights/economic-and-social-rights

a. Human rights are based onprinciples of dignity and freedom.Both are severely

compromised when human beings cannot meet their fundamental needs. Economic and

social rights guarantee that every person be afforded conditions under which they are

able to meet their needs. In particular, economic and social rights include:

a.1. the right to education enabling all persons to participate effectively in a free

society and is directed to the full development of the human personalitya.2. the right to food guaranteeing freedom from hunger and access to safe

and nutritious food

a.3. the right to health ensuring the highest attainable standard of physical and

mental health including access to care, nutrition, and clear water and air

a.4. the right to housing ensuring access to a safe, secure, habitable and

affordable home with freedom from forced eviction

a.5. the right to social security guaranteeing that everyone regardless of age or

ability to work has means necessary to procure basic needs and services

a.6. the right to work guaranteeing the opportunity to have fulfilling and

dignified work under safe and healthy conditions with fair wages affording a

decent living for oneself and ones family. It also provides for freedom from

unemployment and the right to organized

C.

Doctrine of Preferred Freedom (Hierarchy of Rights)

1. It is an erroneous impression that the Constitution gives the same degree and quality

of protection that it gives to life and liberty. (US vs Carolene Products 1938)

2. This is not to say, however, that the right to property is not a basic right. Property has

an intimate relation with life and liberty (ex. for the poor, regard property the same

way as life and liberty).

3. Property is more closely regulated not in order to oppress the owner but in order to

impress upon him the social character of what he holds; Thus we can say that

property must also enjoy the protection of the due process clause.
http://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-frameworkhttp://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-frameworkhttp://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-frameworkhttp://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-framework


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PBM Employees Org v. PBM Co., Inc., 51 SCRA 189 (1973)http://talkaboutphilippinelaw.weebly.com/1/post/2011/02/pbm-employees-asso-v-pbm-51-scra-189-1973.html

Facts:Petitioners informed the respondent employers of their schedule for a mass

demonstration in protest for the alleged abuses of the Pasig police. Respondent invoke

that the demonstration is a violation of their CBA agreement however petitionerscontend it is an exercise of their freedom to peaceable assembly to seek redress of

their grievances against the abusive Pasig police and not a strike against their

employer. Respondent dismissed the petitioners and the court sustained their

demonstration is one of bargaining in bad faith.

Issue: Whether or not there was a restraint in the exercise of the right to peaceable

assembly of the petitioners.

Held:The court held that the primacy of human rights such as freedom of expression, of

peaceful assembly and of petition for redress of grievances over property rights hasbeen sustained. The obvious purpose of the mass demonstration staged by the workers

of the respondent firm was for their mutual aid and protection against alleged police

abuses, denial of which was interference with or restraint on the right of the employees

to engage in such common action to better shield themselves against such alleged

police indignities. Apart from violating the constitutional guarantees of free speech and

assembly as well as the right to petition for redress of grievances of the employees, the

dismissal of the eight (8) leaders of the workers for proceeding with the demonstration

and consequently being absent from work, constitutes a denial of social justice likewise

assured by the fundamental law to these lowly employees.

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