E that which cannot be clarified either by a saving

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Unformatted text preview: means of securing the enjoyment of those rights. Q: When can the Bill of Rights be invoked? A: 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. (People v. Marti, G.R. No. 81561, Jan. 18, 1991) Q: Can the Bill of Rights be invoked against private individuals? A: No. In the absence of governmental interference, the liberties guaranteed by the Constitution cannot be invoked. Put differently, the Bill of Rights is not meant to be invoked against acts of private individuals. (Yrasegui vs. PAL, G.R. No. 168081, Oct. 17, 2008) Note: 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 correspondence against a private individual, his wife, who had forcibly taken from his cabinet and presented as evidence against him documents and private correspondence, held these papers inadmissible in evidence, upholding the husband’s right to privacy. c. DUE PROCESS Q: What is due process? A: Due process means: 1. That there shall be a law prescribed in harmony with the general powers of the legislature 2. That it shall be reasonable in its operation POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS 3. 4. That it shal...
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This document was uploaded on 03/12/2014.

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